§ 20-101 Legislative intent.
The council finds that for the protection and relief of the public from deceptive, unfair and unconscionable practices, for the maintenance of standards of integrity, honesty and fair dealing among persons and organizations engaging in licensed activities, for the protection of the health and safety of the people of New York city and for other purposes requisite to promoting the general welfare, licensing by the department of consumer affairs is a necessary and proper mode of regulation with respect to certain trades, businesses and industries. The council finds further that, in order to secure the above-mentioned purposes, and generally to carry out responsibilities for supervising and regulating licensed activities, trades, businesses and industries, the commissioner of consumer affairs requires powers, remedies and sanctions which are equitable, flexible and efficient. Finally, the council finds that sanctions and penalties applied by the commissioner and by the courts for the violation of laws and regulations by individuals and organizations engaging in various licensed activities, trades, businesses and industries, must be sufficient to achieve these above-mentioned purposes of licensing.
§ 20-102 Definitions.
Wherever used in this title:
§ 20-103 Construction of this chapter and chapter two of this title.
The provisions of this chapter and chapter two of this title shall be liberally construed in accordance with the legislative declaration of the city council set forth in section 20-101.
§ 20-104 Powers of the commissioner with respect to licensing.
1. to carry out the powers and duties of the department;
2. to prevent and remedy fraud, misrepresentation, deceit and unconscionable dealing, and to promote fair trade practices by those engaging in licensed activities;
3. to require adequate disclosure by those engaging in licensed activities of both the terms and conditions under which they perform licensed activities, adequate disclosure of the true names or true corporate names of licensees, and adequate disclosure of applicable local, state and federal law pertinent to consumers’ interests regarding the conduct of activities licensed under chapter two;
4. to require that licensees keep such records as he or she may determine are necessary or useful for carrying out the purposes of chapter two and, except as specifically set forth in chapter two, retain them for three years;
5. to ensure that all persons and organizations licensed under this title have made appropriate financial disclosure, and that the premises complies with all legal requirements necessary to engage in the licensed activity;
6. with respect to licensed activities, to protect the health, safety, convenience and welfare of the general public; and
7. to ensure that those engaging in licensed activities do not discriminate against any person on the basis of age, sex, race, color, national origin, creed or religion in violation of city, state or federal laws.
(2) The commissioner may arrange for the redress of injuries caused by such violations, and may otherwise provide for compliance with the provisions and purposes of chapter two of this title.
(3) The commissioner or the commissioner’s designee shall be authorized to suspend the license of any person pending payment of such fine or civil penalty or pending compliance with any other lawful order of the department.
(4) The commissioner shall be authorized to impose a fine or civil penalty or to suspend a license or both for a failure to appear at a hearing at the department after due notice of such hearing. If a license has been suspended, it shall be returned to the department forthwith upon receipt of the order of suspension. Failure to surrender the license shall be grounds for a fine or civil penalty or revocation of the license.
(5) Any of the remedies provided for in this section shall be in addition to any other remedies provided under any other provision of law.
1. Two or more judgments within a two-year period against the applicant or licensee for theft of identity as defined in section three hundred eighty-s of the general business law; or
2. One criminal conviction against the applicant or licensee for acts of identity theft or unlawful possession of personal identification information as defined in article one hundred ninety of the penal law; or
3. Two or more criminal convictions within a two-year period of any employees or associates of the applicant or licensee for acts of identity theft or unlawful possession of personal identification information as defined in article one hundred ninety of the penal law that are committed with the use of the applicant’s or licensee’s equipment, data, technology, or other similar resource. It shall be an affirmative defense that a applicant or licensee did not have reasonable grounds to believe the proscribed acts were taking place with the use of the licensee’s equipment, data, technology, or other similar resource or that the proscribed acts were not taking place with the use of the applicant’s or licensee’s equipment, data, technology, or other similar resource.
§ 20-105 Additional powers of the commissioner with respect to unlicensed activities.
1. to impose fines upon any person in violation of subdivision a of this section of one hundred dollars per violation per day for each and every day during which such person violates such subdivision.
2. to order any person in violation of subdivision a of this section immediately to discontinue such activity at the premises on which such activity is occurring.
3. to order that such premises on which such activity is occurring be sealed, provided that such premises are primarily used for such activity.
4. to order that any devices, items or goods sold, offered for sale available for public use or utilized in the operation of a business and relating to such activity for which a license is required but has not been obtained pursuant to the provisions of chapter two shall be removed, sealed or otherwise made inoperable.
1. payment of all outstanding fines and all reasonable costs for removal and storage, and
2. presentation of proof that a license has been obtained for such activity or, if such person or premises are for any reason ineligible to obtain a license, proof satisfactory to the commissioner that such premises, devices, items or goods will not be used in violation of this section.
§ 20-106 Judicial enforcement.
1. If he or she has never held a license for such activity, he or she shall be subject to a fine of not less than twenty-five dollars, nor more than five hundred dollars, or by imprisonment not exceeding fifteen days, or both; and any such person shall be subject also to the payment of a civil penalty in the sum of the greater of twice the applicable license fee or one hundred dollars, to be recovered in a civil action.
2. If he or she has never held a license for such activity, and has been convicted once previously for engaging in such activity without a license, or if he or she has held such license and his or her license has lapsed prior to such person’s perfecting an application for a renewal, he or she shall be subject to a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment not exceeding thirty days, or both; and he or she shall be subject also to civil penalty in the sum of one thousand dollars, to be recovered in a civil action.
3. If such person has held such a license, but his or her license has been suspended or revoked, or he or she has twice previously been convicted of engaging in such activity without a license, he or she shall be subject to a fine of not less than two hundred dollars nor more than two thousand dollars, or by imprisonment not exceeding sixty days, or both; and he or she shall be subject also to a civil penalty in the sum of two thousand dollars, to be recovered in a civil action.
§ 20-107 Application; filing fee; license fee.
§ 20-108 License terms.
§ 20-109 Transferability.
No license issued under chapter two shall be assignable or transferable unless otherwise specifically provided by law or regulation or rule issued by the commissioner.
§ 20-110 Change of corporate ownership.
Where any person or organization becomes the beneficial owner of ten percent or more of the stock of an organization to which a license has been granted pursuant to chapter two, if such person or organization previously did not hold at least a ten percent interest, such license shall immediately become void unless prior written approval of the commissioner or the commissioner’s designee is obtained.
§ 20-111 Change in a partnership.
Any license issued under chapter two shall immediately become void upon the addition or termination of any general partner or upon the dissolution of a partnership unless prior written approval of the commissioner or the commissioner’s designee is obtained.
§ 20-112 Address of licensed activity.
Except as specifically provided in chapter two, a license shall be valid only for the location designated upon the application therefor, except in the case of licenses issued for activities which in their nature are carried out at large and not at a fixed place of business. No license shall be issued for more than one location. Licensees shall, at least ten days prior thereto, notify the commissioner or the commissioner’s designee by registered or certified mail, or personal service, of any change of address of the licensed premises or of the residence of the licensee.
§ 20-113 Trade name.
A license issued under chapter two shall be valid only for activities conducted under the name of the person or organization to whom such license was issued or under the trade name stated in the application therefor; if a licensed activity is to be conducted under a trade name, the application must state that trade name. No license shall be issued for more than one trade name, and no licensed activity may be carried out under more than one such name; provided, however, that if a person or organization was engaged in bona fide licensed activities under more than one such trade name or was issued a license to conduct licensed activities under more than one trade name prior to June fifth, nineteen hundred seventy-three, a single license shall be issued for such trade names. Licensees shall notify the commissioner or the commissioner’s designee of any change of trade name at least ten days before such change becomes effective, and no such change may take place without the prior written approval of the commissioner or the commissioner’s designee.
§ 20-114 Inspection; display of license.
§ 20-115 Bonds.
Except as specifically provided in chapter two, a bond may be required for any licensed activity in a form and amount approved by the commissioner for the due observance of the provisions of chapter two and the laws, regulations and rules governing the conduct of licensed activities. The amount of the bond shall be established by the commissioner after a public hearing, five-day notice of which shall be published in the City Record.
§ 20-116 Advertising.
§ 20-117 Licensee disclosure of security breach; notification requirements.
1. The term “personal identifying information” shall mean any person’s date of birth, social security number, driver’s license number, non-driver photo identification card number, financial services account number or code, savings account number or code, checking account number or code, brokerage account number or code, credit card account number or code, debit card number or code, automated teller machine number or code, personal identification number, mother’s maiden name, computer system password, electronic signature or unique biometric data that is a fingerprint, voice print, retinal image or iris image of another person. This term shall apply to all such data, notwithstanding the method by which such information is maintained.
2. The term “breach of security’ shall mean unauthorized possession of personal identifying information that compromises the security, confidentiality or integrity of such information. Good faith or inadvertent possession of any personal identifying information by an employee or agent of the licensee for the legitimate purposes of the business of the licensee shall not constitute a breach of security.
1. Written notice to the individual at his or her last known address; or
2. Verbal notification to the individual by telephonic communication; or
3. Electronic notification to the individual at his or her last known e-mail address.
§ 20-118 Notifications regarding identity theft.
Any person, firm, partnership, corporation or association required to be licensed under chapter two, or pursuant to provisions of state law enforced by the department, shall immediately notify the department upon the occurrence of a judgment against such person, firm, partnership, corporation or association for theft of identity; a conviction of such person, firm, partnership, corporation or association of an offense specified in subdivision g of section 20-104 of this chapter; or a conviction of the person’s, firm’s, partnership’s, corporation’s or association’s employees or associates for acts of identity theft or unlawful possession of personal identification information as defined in article one hundred ninety of the penal law that are committed with the use of the person’s, firm’s, partnership’s, corporation’s or association’s equipment, data, technology, or other similar resource.
§ 20-119 Analysis of tribunal dismissals.
The department shall issue a report by April 1 of each year analyzing the violations dismissed by the department’s adjudication division, office, or tribunal during the prior calendar year. Such report shall include a cataloguing and analysis of the characteristics of the violations dismissed and the reasons for dismissal. Such report shall include an analysis of any trends observed in dismissals during the year of the report, as well as a comparison with any previous reports issued pursuant to this section. Such report shall include the department’s planned actions to minimize the occurrence of issued violations being dismissed. Such report shall be sent to the speaker of the council, the public advocate, and the mayor.
Editor’s note: the local law that enacted the above § 20-119 shall expire and be deemed repealed on 12/31/2018; see L.L. 2015/069 § 2.
§ 20-571 Fees.
All fees for permits issued by the department shall be paid to the department.
§ 20-572 Transfers of permits or licenses.
Written approval of the commissioner shall be required for the transfer or assignment of any permit or license under his or her jurisdiction.
§ 20-573 Adjustment of controversies.
The commissioner of ports and trade may adjust and settle any claims and controversies in regard to rents and other matters which appertain to leases of market lands.
§ 20-574 Rules and regulations.
§ 20-575 Waterfront property adjoining market lands; highways through or bounding market places.
Nothing contained in this chapter shall interfere with the jurisdiction of the department of ports and trade over any waterfront property in and around any market lands, nor with the jurisdiction of the commissioner of transportation over market lands, insofar as it concerns his or her powers over highways.
§ 20-576 City sealer.
The commissioner, or such officer or employee in the department as he or she may designate, shall have all of the powers and perform all of the duties of a sealer of weights and measures pursuant to section one hundred eighty of the agriculture and markets law.
§ 20-577 Inspectors of markets, weights and measures.
§ 20-578 Bureau of weights and measures.
There shall be a bureau of weights and measures in the department under the supervision of the chief inspector of weights and measures.
§ 20-579 Employees not to engage in business.
It shall be unlawful for the commissioner or any officer or employee of such bureau, to engage in the business of manufacturing, vending or selling any weighing or measuring device, under the penalty of fifty dollars for each offense.
§ 20-580 Return of department property.
Whenever any inspector shall resign or be removed from office, he or she shall deliver at the office of the commissioner all the standard weights and measures and other official property in his or her possession.
§ 20-581 Inspecting.
§ 20-582 Reports of inspectors.
Each inspector shall report promptly to the commissioner the names of all persons whose weighing and measuring devices shall be found to be incorrect. Each inspector shall file a daily report with the commissioner, and make such other and further reports and keep such further records as may be required, from time to time, by the commissioner.
§ 20-583 Certificate of inspection.
Each inspector shall furnish a certificate to the owner of the weights or measures inspected, and shall keep a record of each certificate given on a corresponding stub. The certificates and corresponding stubs shall be numbered consecutively. The books containing the stubs, after the corresponding certificates have been given out, shall be a public record. The commissioner, when required, shall certify extracts from such records.
§ 20-584 Testing, sealing and marking.
It shall be unlawful to use any weighing or measuring device unless the same shall have been tested, sealed and marked by the commissioner or an inspector of such bureau.
§ 20-585 Standard measures and containers.
It shall be unlawful to manufacture, construct, sell, offer for sale, or give away, any dry or liquid measure, or any barrel, pail, basket, vessel, or container, intended to be used in the purchase or sale of any commodity or article of merchandise, unless it shall be so constructed as to conform to the standards provided by article sixteen of the agriculture and markets law. It shall be unlawful for any person to use any barrel, cask, pail, basket, vessel or container, in the purchase or sale of any commodity or article of merchandise, unless it shall conform to such standards.
§ 20-586 Sale of weights and measures.
It shall be unlawful to sell, offer for sale, or give away any weighing or measuring devices or the tools, appliances or accessories connected therewith, intended to be used for the purchase or sale of any commodity or article of merchandise, or for public weighing, unless the type or types of such weighing or measuring devices, or the tools, appliances or accessories connected therewith, with specifications as to construction, shall have been submitted to and approved by the commissioner. The commissioner, when such types are approved, shall designate and identify them by a serial number. A record of the serial numbers and the persons to whom such numbers are assigned shall be kept in the office of the commissioner. The commissioner shall keep a register of the name of each person whose weighing or measuring devices have been inspected, together with their serial numbers and size, and whether approved or condemned, with the date of inspection. Such record shall be a public record.
§ 20-587 Sale by true weight or measure required.
It shall be unlawful to sell or offer for sale any commodity or article of merchandise, at or for a greater weight or measure than the true weight or measure thereof; for the purposes of this section the true weight of frozen poultry, shall be the net weight thereof exclusive of any food product or substance added or combined therewith; and all such commodities and articles of merchandise shall be weighed or measured by duly tested devices, sealed and marked by the commissioner or an inspector of the bureau; provided, that vegetables may be sold by the head or bunch.
§ 20-588 Confiscation of false weights or measures.
Any weight which upon being tested is found to be short a quarter of an ounce or more; or any scale of a capacity greater than four hundred pounds, which upon being tested, is found to be short in weight by a quarter of a pound or more; or any scale of a capacity of between two hundred forty and four hundred pounds, which upon being tested is found to be short two ounces or more; or any scale of a capacity greater than four hundred pounds, which upon being tested, is found to be short five ounces or more; or any scale which is in an unfit condition to be used by being worn out, badly rusted, or by any other cause; or any measure or utensil being used in the sale or purchase of any commodity or article of merchandise, which does not conform to the standards provided by article sixteen of the agriculture and markets law, may be summarily confiscated and destroyed by the commissioner or an inspector of the bureau.
§ 20-589 Alteration of tested appliances.
It shall be unlawful to render inaccurate, any device, to be used in weighing or measuring any commodity or article of merchandise, after such device has been tested, sealed and marked by the commissioner or an inspector of the bureau.
§ 20-590 Repair of inaccurate appliances.
Within five days after the condemnation of a weighing or measuring device, the owner thereof, at his or her own expense, shall cause the same to be conformed to the standards established by article sixteen of the agriculture and markets law, and within twenty-four hours thereof, shall cause notice, in writing, of such alteration to be mailed or served personally upon such bureau. The seal upon any such device shall remain affixed and unbroken unless removed pursuant to section one hundred eighty-three of the agriculture and markets law.
§ 20-591 Interference with inspectors.
It shall be unlawful for any person to obstruct, hinder or molest the commissioner or any inspector of the bureau in the performance of his or her duties.
§ 20-592 Violations; report of.
The commissioner shall report forthwith to the corporation counsel the names and places of business of all persons violating the provisions of this chapter, and of all persons making use of any fraudulent or unsealed weighing or measuring devices.
§ 20-593 Punishment.
Any person who shall violate any of the foregoing provisions for the regulation of weights and measures shall forfeit and pay a penalty of one hundred dollars for each and every such offense.
§ 20-594 Violations.
Any person violating any of the provisions of sections 20-583 through 20-593 of this chapter, shall be guilty of an offense triable by a judge of the New York city criminal court, and upon conviction thereof, shall be fined the sum of not less than twenty-five dollars and not more than two hundred fifty dollars for each offense, or by imprisonment not exceeding ten days, or by both.
Subchapter 1: Dealers In Second-hand Weighing Or Measuring Devices
§ 20-601 License required.
It shall be unlawful for any person to engage in or conduct the business of dealing in, trading in, selling, receiving or repairing condemned, rebuilt or used weighing or measuring devices without a permit therefor.
§ 20-602 Application for permit.
§ 20-603 Permit; fee.
§ 20-604 Notice as to repaired devices.
Every person engaged in the business of dealing in, trading in, selling, receiving or repairing condemned, rebuilt or used weighing or measuring devices, within five days after the making of a repair, or the sale and delivery of a repaired, rebuilt, or used weighing or measuring device, shall serve notice in writing on the commissioner giving the name and address of the person for whom such repair has been made, or to whom a repaired, rebuilt or used weighing or measuring device has been sold or delivered, and shall include a statement that such device has been so altered, rebuilt or repaired as to conform to the standard specifications and regulations of such department.
§ 20-605 Condemned devices; return of tags.
Any person who accepts weighing or measuring devices in trade for others shall remove the condemned tags from those devices which have been condemned by the department and which are intended for dismantling or destruction. Such tags shall be returned to the department within five days thereafter, with a statement describing the weighing or measuring device, giving the name and address of the person from whom it was received, and a statement to the effect that it has been dismantled or destroyed.
§ 20-606 Records.
1. The name and address of every person for whom weighing or measuring devices are repaired;
2. The name and address of every person to whom a repaired, rebuilt, or used weighing or measuring device has been sold or delivered.
§ 20-607 Comparison of testing equipment.
All persons dealing in, trading in, selling, receiving or repairing condemned, rebuilt or used weighing or measuring devices, shall submit their testing equipment at least once a year, to the testing station of the department for comparison and calibration with the prime standards maintained by such department, after which the department shall issue to such person a statement or certificate of its findings.
§ 20-608 Violations.
Any person violating any of the provisions of this subchapter, upon conviction thereof, shall be fined a sum of not more than one hundred dollars for each offense, or by imprisonment not exceeding ten days, or by both, and, in the discretion of the commissioner, shall be liable to have his or her permit suspended, revoked or cancelled.
Subchapter 2: Charcoal
§ 20-609 Charcoal.
All charcoal and charcoal briquettes shall be sold by weight and each container in which charcoal or charcoal briquettes are sold or delivered, shall be plainly and conspicuously marked to show the net quantity of the contents in letters and figures commensurate with the size of the container as shall be determined and fixed by the commissioner, and shall also bear the legend “CAUTION COOK ONLY IN PROPERLY VENTILATED AREAS,” or a substantially similar legend as may be approved by the commissioner in a size commensurate with the size of the container and so placed on the container as shall be determined and fixed by the commissioner.
§ 20-610 Punishment.
(a) Any person who shall violate any of the provisions of this subchapter shall be liable to forfeit and pay a civil penalty in the sum of not more than one hundred dollars ($100) for each violation.
Subchapter 3: Etching Acid*
§ 20-611 Definitions.
Whenever used in this subchapter, the following terms shall have the following meanings:
§ 20-612 Requirements for purchase or sale.
§ 20-613 Posting notice.
Every dealer of etching acid shall conspicuously post at every table, desk or counter where orders are placed and/or payment is made a notice, the form and manner of which are to be provided by rule of the commissioner, indicating that all purchasers of etching acid shall be required to provide valid photo identification and their personal information and such information shall be recorded by the dealer of etching acid prior to purchase.
§ 20-614 Records of purchase.
b. All purchasing records and any other information pertaining to the purchase or sale of etching acid shall be disposed of by the following methods only:
i. shredding the records before the disposal of the records; or
ii. destroying the personal information contained in the records; or
iii. modifying the records to make the personal information unreadable; or
iv. taking actions consistent with commonly accepted industry practices reasonably believed to ensure that no unauthorized person will have access to the personal information contained in the records.
§ 20-615 Rules.
The commissioner may make and promulgate such rules and regulations as he or she may deem necessary for the proper implementation and enforcement of this subchapter.
§ 20-616 Penalties.
Subchapter 3: Language Assistance Services In Pharmacies*
§ 20-620 Definitions.
For the purposes of this subchapter, the following terms shall have the following meanings:
§ 20-621 Provision of interpretation services required.
§ 20-622 Provision of translation services required.
Every chain pharmacy shall provide free, competent translation of prescription medication labels, warning labels and other written material to each LEP individual filling a prescription at such chain pharmacy if that individual’s primary language is one of the pharmacy primary languages, in addition to providing such labels and materials in English. Nothing in this section shall prohibit a chain pharmacy from providing dual- or multi-language medication labels, warning labels or other written materials to LEP individuals who speak one of the pharmacy primary languages if one of the languages included on such labels or sheets is the LEP individual’s primary language.
§ 20-623 Notification relating to language assistance services.
§ 20-624 Penalties.
§ 20-625 Hearing authority.
Subchapter 4: Hamburgers and Chopped Meat
§ 20-667 Definitions.
Whenever used in this subchapter “hamburger” shall mean chopped fresh beef with or without the addition of beef fat, and of seasoning.
§ 20-668 Standard for hamburger.
It shall be unlawful for any person to sell or offer for sale meat as hamburger unless it shall consist of chopped fresh beef with or without the addition of beef fat, or of seasoning, and in no case shall it contain more than thirty percent of beef fat.
§ 20-669 Labeling of chopped meat.
It shall be unlawful for any person to sell or offer for sale meat chopped in advance of sale as chopped meat unless it is labeled specifically to state the types of meat which it contains, and in no case shall such chopped meat contain more than thirty percent of fat.
§ 20-670 Sale of meat ground upon request by customer.
All meats purchased, whether prepackaged or cut to order, and then requested by customer to be ground on the premises, shall be ground in a meat grinder which shall be in clear and unobstructed view of the public.
§ 20-671 Violations.
A violation of any of the provisions of this subchapter shall be punishable by a fine of not less than twenty-five dollars nor more than two hundred fifty dollars for each offense, or by imprisonment not in excess of ten days, or both.
Subchapter 5: Sales of Petroleum Products
§ 20-672 Price displays.
1. The price on such sign, placard or other display shall be stated by the unit of the measure at which such petroleum products are customarily sold at retail and shall include all applicable taxes;
2. The name, trade name, brand, mark or symbol, and grade or quality classification, if any, and method of processing of such petroleum products shall be clearly stated on such sign, placard or other display, and, if such petroleum products are sold without identification by name, trade name, brand, mark or symbol, such sign, placard or other display shall refer clearly to such petroleum products as unbranded;
3. In relation to the sale of gasoline for use in motor vehicles or motor boats, the price for the lowest grade of gasoline offered for sale shall be stated; and
4. Where the price for purchases made with cash or other specified form of payment is less than the price for purchases made with any other form of payment, such sign, poster, or placard shall state the price for each type of accepted payment.
§ 20-672.1 Sales Record Keeping Requirements.
1. Records maintained in writing shall be retained at the premises where sales are made for each of the immediately preceding thirty days. Such records shall be made available on demand to the department at such premises. The records required to be kept for the period beyond the immediately preceding thirty days shall be presented at the offices of the department within five business days after demand to produce them has been served on a retail dealer.
2. Records maintained electronically shall be retained on the premises in a manner that displays the data for the entire period for which the electronic data system retains such data to permit an inspector to view it on demand on the device, and if such period is for less than the immediately preceding thirty days, then the data must be provided on demand in a chronologically ordered print-out for the full thirty days. A complete and accurate print out of the electronically maintained records that are required to be kept for the period beyond the immediately preceding thirty days shall be presented at the offices of the department within five business days after demand to produce them has been served on a retail dealer.
§ 20-673 Fraudulent practices prohibited.
It shall be unlawful for any person to sell or offer for sale gasoline or other petroleum products for use in motor vehicles or motor boats in any manner so as to deceive or tend to deceive the purchaser as to the price, nature, quality or identity thereof; provided, however, that this section shall not apply to the prohibition of deceptive practices involving the representation of gasoline for motor vehicles as unleaded, which shall be governed by the provisions of section 20-673.1 of this subchapter and any rules or regulations promulgated thereunder, and provided, further, that this section shall not apply to the prohibition of deceptive practices involving the certification, display or representation of the octane rating of gasoline for motor vehicles, which shall be governed by the provisions of section 20-673.2 of this subchapter and any rules or regulations promulgated thereunder. It shall be unlawful for any person to sell or offer for sale from any pump, dispensing devices or container any gasoline or other petroleum products other than gasoline or other petroleum products manufactured or distributed by the manufacturer or distributor marketing such gasoline or other petroleum products under the name, trade name, brand, symbol or mark affixed to or contained on such pump, dispensing device or container, or to substitute, mix or adulterate gasoline or other petroleum products sold or offered for sale under a name, trade name, brand, symbol or mark.
§ 20-673.1 Sale of unleaded gasoline.
1. “Distributor” shall mean any person who transports or stores or causes the transportation or storage of gasoline at any point between any plant at which gasoline is produced and any retail outlet or facility of a wholesale purchaser-consumer.
2. “Gasoline” shall mean any fuel sold for use in motor vehicles and motor vehicle engines, and commonly or commercially known or sold as gasoline.
3. “Lead additive” shall mean any substance containing lead or lead compounds.
4. “Leaded gasoline” shall mean gasoline which is produced with the use of any lead additive or which contains more than five one hundredths of a gram of lead per gallon or more than five one thousandths of a gram of phosphorus per gallon.
5. “Refiner” shall mean any person who owns, leases, operates, controls or supervises a plant at which gasoline is produced.
6. “Reseller” shall mean any person who purchases gasoline identified by the corporate, trade or brand name of a refiner from such refiner or a distributor and resells or transfers it to retailers or wholesale purchaser-consumers displaying the refiner’s brand, and whose assets or facilities are not substantially owned, leased or controlled by such refiner.
7. “Retail outlet” shall mean any establishment at which gasoline is sold or offered for sale for use in motor vehicles.
8. “Retailer” shall mean any person who owns, leases, operates, controls, or supervises a retail outlet.
9. “Unleaded gasoline” shall mean gasoline which is produced without the use of any lead additive and which contains not more than five one hundredths of a gram of lead per gallon and not more than five one thousandths of a gram of phosphorus per gallon.
10. “Wholesale purchaser-consumer” shall mean any organization that is an ultimate consumer of gasoline and which purchases or obtains gasoline from a supplier for use in motor vehicles and receives delivery of that product into a storage tank of at least five hundred fifty gallon capacity substantially under the control of that organization.
(1) the reseller, if any, and the refiner, where the corporate, trade or brand name of such refiner or any of its marketing subsidiaries appears on the pump stand or is displayed at the retail outlet or wholesale purchaser-consumer facility from which the gasoline was sold, dispensed or offered for sale. Except as provided in subdivision g of this section, the refiner shall be deemed in violation of subdivision c of this section irrespective of whether any other refiner, distributor, retailer or wholesale purchaser-consumer may have caused or permitted the violation; or
(2) the distributor who sold such retailer or wholesale purchaser-consumer gasoline contained in the storage tank which supplied the pump from which the gasoline was sold, dispensed or offered for sale which gave rise to the violation, where the corporate, trade or brand name of a refiner or any of its marketing subsidiaries does not appear on the pump stand and is not displayed at the retail outlet or wholesale purchaser-consumer facility from which the gasoline was sold, dispensed or offered for sale.
(2) In any case in which a retailer or wholesale purchaser-consumer would be in violation of subdivision c of this section, and a reseller, if any, and any refiner would be deemed in violation under paragraph one of subdivision f of this section, the refiner shall not be deemed in violation if he or she can demonstrate:
(a) that the violation was not caused by such refiner or his or her employee or agent, and
(b) that the violation was caused by an act in violation of any law, other than the provisions of this section, or an act of sabotage, vandalism, or deliberate commingling of leaded and unleaded gasoline, whether or not such acts are violations of law in the jurisdiction where the violation of the requirements of this section occurred, or
(c) that the violation was caused by the action of a reseller or a retailer supplied by such reseller, in violation of a contractual undertaking imposed by the refiner on such reseller designed to prevent such action, and despite reasonable efforts by the refiner to insure compliance with such contractual obligation, such as periodic sampling, or
(d) that the violation was caused by the action of a retailer who is supplied directly by the refiner and not by a reseller, in violation of a contractual undertaking imposed by the refiner on such retailer designed to prevent such action, and despite reasonable efforts by the refiner to insure compliance with such contractual obligation, such as periodic sampling, or
(e) that the violation was caused by the action of a distributor subject to a contract with the refiner for transportation of gasoline from a terminal to a distributor, retailer or wholesale purchaser-consumer, in violation of a contractual undertaking imposed by the refiner on such distributor designed to prevent such action, and despite reasonable efforts by the refiner to insure compliance with such contractual obligation, such as periodic sampling, or
(f) that the violation was caused by a distributor (such as a common carrier) not subject to a contract with the refiner but engaged by him or her for transportation of gasoline from a terminal to a distributor, retailer or wholesale purchaser-consumer, despite reasonable efforts by the refiner to prevent such action, such as specification or inspection of equipment, or
(g) that the violation occurred at a wholesale purchaser-consumer facility; provided, however, that if such wholesale purchaser-consumer was supplied by a reseller, the refiner must demonstrate that the violation could not have been prevented by such reseller’s compliance with a contractual undertaking imposed by the refiner on such reseller as provided in subparagraph c of this paragraph.
(3) In any case in which a retailer or wholesale purchaser-consumer would be in violation of subdivision c of this section, and a reseller and any refiner would be deemed in violation under paragraph one of subdivision f of this section, the reseller shall not be deemed in violation if he or she can demonstrate that the violation was not caused by such reseller or his or her employee or agent.
(4) In any case in which a retailer or wholesale purchaser-consumer would be in violation of subdivision c of this section, and any distributor would be deemed in violation under paragraph two of subdivision f of this section, the distributor will not be deemed in violation if he or she can demonstrate that the violation was not caused by such distributor or his or her employee or agent.
§ 20-673.2 Certification, display and representation of octane rating.
1. “Gasoline” shall mean gasoline of a type distributed for use as a fuel in any motor vehicle.
2. “Distributor” shall mean any person who receives gasoline and distributes such gasoline to another person other than the ultimate purchaser.
3. “Retailer” shall mean any person who markets gasoline to the general public for ultimate consumption.
4. “Knock” shall mean the combustion of a fuel spontaneously in localized areas of a cylinder of a spark-ignition engine, instead of the combustion of such fuel progressing from the spark.
5. “Octane rating” shall mean the rating of the anti-knock characteristics of a grade or type of gasoline as determined by dividing by two the sum of the research octane number plus the motor octane number, unless another procedure is prescribed under paragraph three of 15 U.S.C. § 2823(c), in which case such term shall mean the rating of such characteristics as determined under the procedure so prescribed.
6. “Refiner” shall mean any person engaged in the refining of crude oil to produce gasoline or the importation of gasoline.
7. “Research octane number” and “motor octane number” shall have the meaning given such terms in the specifications of the American Society for Testing and Materials (ASTM) entitled “Standard Specifications for Automotive Gasoline” designated D 439 and, with respect to any grade or type of gasoline, are determined in accordance with test methods set forth in ASTM standard test methods designated D 2699 and D 2700, or such other meaning given such terms in any regulations promulgated by the federal trade commission pursuant to 15 U.S.C. § 2823.
8. “Ultimate purchaser” shall mean, with respect to any item, the first person who purchases such item for purposes other than resale.
(1) determine the octane rating of any such gasoline; and
(2) if such refiner distributes such gasoline to any person other than the ultimate purchaser, certify, consistent with the determination made under paragraph one of this subdivision, the octane rating of such gasoline.
(1) the octane rating of such gasoline certified to such distributor; or
(2) if such distributor elects, in accordance with the regulations of the federal trade commission, the octane rating of such gasoline determined by such distributor.
(1) the octane rating of such gasoline certified to such retailer under paragraph two of subdivision b of this section or under subdivision c of this section;
(2) if such retailer elects, in accordance with the regulations of the federal trade commission, the octane rating of such gasoline determined by such retailer for such gasoline; or
(3) if such retailer is a refiner, the octane rating of such gasoline determined under paragraph one of subdivision b of this section.
(1) in the case of gasoline which consists of a blend of two or more quantities of gasoline of differing octane ratings, only if the rating certified, displayed or represented by such person is the average of the octane ratings of such quantities, weighted by volume; or
(2) in the case of gasoline which does not consist of such a blend, only if the octane rating such person certifies, displays or represents is the same as the octane rating of such gasoline certified to, or determined by, such person.
§ 20-673.3 Inspection, investigation; recordkeeping.
§ 20-674 Violations.
(2) Any person who violates the provisions of this subchapter or any rules or regulations promulgated thereunder, other than sections 20-673.1 and 20-673.2 and any rules or regulations promulgated thereunder, who has been found guilty of a violation of any such sections or such rules or regulations two times within the preceding twenty-four month period shall be guilty of a misdemeanor punishable by a fine of not less than one thousand dollars nor more than fifteen thousand dollars, or by imprisonment for not more than ninety days, or by both such fine and imprisonment.
(3) In addition to the penalties prescribed by paragraph one of subdivision a of this section, any person who violates the provisions of this subchapter or any rules or regulations promulgated thereunder, other than sections 20-673.1 and 20-673.2 and any rules or regulations promulgated thereunder, shall be liable for a civil penalty of not less than five hundred dollars nor more than ten thousand dollars.
(4) In addition to the penalties prescribed by paragraph two of subdivision a of this section, any person who violates the provisions of this subchapter or any rules or regulations promulgated thereunder, other than sections 20-673.1 and 20-673.2 and any rules or regulations promulgated thereunder, who has been found guilty of a violation of any such sections or such rules or regulations two times within the preceding twenty-four month period shall be liable for a civil penalty of not less than one thousand dollars nor more than fifteen thousand dollars.
(2) Any person who violates the provisions of section 20-673.2 of this subchapter or any rules or regulations promulgated thereunder with actual knowledge or knowledge fairly implied on the basis of objective circumstances that the act or practice underlying the violation is unfair or deceptive shall be liable for a civil penalty of not less than five hundred dollars nor more than ten thousand dollars; provided, however, that in order for any retailer to be held liable under this paragraph for violating any of the provisions of subdivisions d or e of such section 20-673.2, such retailer shall be shown to have had actual knowledge that the act or practice underlying the violation is unfair or deceptive. In determining the amount of any civil penalty imposed under this paragraph, the following shall be considered: the degree of culpability; any history of prior such conduct; ability to pay; effect on ability to continue to do business; and such other matters as justice may require.
§ 20-675 Rules and regulations.
The commissioner shall have the authority to promulgate such rules and regulations as the commissioner shall deem necessary to effectuate the purpose of this subchapter, including but not limited to the size, the composition, the type size to be used for lettering, and the placement of signs which are provided for in section 20-672 of this subchapter.
Subchapter 6: Sale of Meats
§ 20-676 Definitions.
As used in this subchapter, the following terms shall mean and include:
§ 20-677 Sales at retail.
It shall be unlawful for any person to sell or offer for sale, at retail, any pickled, pumped, cured, or otherwise processed meats or meat products which shall contain added curing solution or any other liquid more than ten percent, by weight, of the total weight of the meat, except that pickled, pumped, cured, or otherwise processed beef brisket shall not contain more than twenty percent, by weight, of added curing solution or any other liquid.
§ 20-678 Sales at wholesale.
It shall be unlawful for any person to sell, or offer for sale at wholesale, any pickled, pumped, cured, or otherwise processed meats or meat products which shall contain added curing solution or any other liquid more than ten percent, by weight, of the total weight of the meat, except that pickled, pumped, cured, or otherwise processed beef brisket shall not contain more than twenty percent, by weight, of added curing solution or any other liquid.
§ 20-679 Injection devices.
It shall be unlawful for any person to have in or upon any vehicle transporting meat and meat products within the city of New York, any hypodermic, syringe, pump, or other device that can be used for the injection or pumping of any fluid or other substance into the meat.
§ 20-680 Labeling of pickled, pumped and cured meats and meat products.
All pickled, pumped and cured meat and meat products shall be labeled as to net weight and shall specify the percentage, by weight, of added curing solution.
§ 20-681 Punishment.
(a) Any person who shall violate any of the provisions of this subchapter shall be liable to forfeit and pay a civil penalty in the sum of not more than one hundred dollars for each violation.
Subchapter 7: Sale of Prepackaged Meat
§ 20-682 Sales of prepackaged meats.
§ 20-683 Punishment.
Any person who shall violate any of the provisions of this subchapter shall be liable to forfeit and pay a civil penalty in the sum of not more than five hundred dollars for each violation.
Subchapter 8: Perishable Foods
§ 20-684 Legislative intent.
The council finds that consumers cannot be certain that food offered for sale is fresh or that it will remain fresh for a reasonable period of time after it is purchased. The council particularly recognizes consumer concern with the freshness of foods including, but not limited to, meat, poultry, fish, dairy products, eggs, fruit, vegetables and baked goods. The council further finds that the food industry’s practice of controlling food freshness through coded dates has proven inadequate for protection of the public. The council has concluded that a mandatory system of clear and legible dating accompanied by a statement of recommended conditions of storage is the best way to assure consumers of the freshness of the foods that they buy in stores.
§ 20-685 Perishable foods.
It shall be unlawful to sell or offer for sale any perishable food designated by the commissioner in accordance with section 20-686 hereof unless there is stamped, printed or otherwise plainly and conspicuously marked on the top cover or principal panel of its container or any label affixed thereto the statements indicating recommended conditions and methods of storage, and the fact that it is not to be sold after a clearly specified date for human consumption as food.
§ 20-686 Regulations.
The commissioner shall promulgate regulations designating those perishable foods which shall come within the scope of section 20-685 of this subchapter wherever the commissioner shall find that because of the nature of the commodity, the mode of packaging or other consideration, such information about the commodity shall be necessary and proper to provide adequate information to the consumer as to the perishable nature of such commodity and conditions of storage.
§ 20-687 Powers of the commissioner.
(a) The commissioner shall receive and evaluate complaints and initiate his or her own investigations relating to these matters and take appropriate action related thereto including stop-sale and stop-removal orders where necessary and proper.
§ 20-688 Penalties.
Any person, firm, corporation or association or agent or employee thereof, who shall violate any of the provisions of this subchapter or of the regulations promulgated pursuant to section 20-686 shall pay a civil penalty of not less than twenty-five dollars nor more than two hundred fifty dollars for each violation; and shall, upon conviction thereof, be punished by a fine of not less than twenty-five nor more than two hundred fifty dollars for each such violation.
Subchapter 9: Water Saving Plumbing Fixtures
§ 20-689 Water saving plumbing fixtures.
(1) It shall be unlawful for any person to sell or offer for sale any plumbing fixture that does not comply with section 604.4 of the New York city plumbing code.
i. the manufacturer’s name or registered trademark and the model number of the fixture or fixtures; and
ii. the gallon/liter water consumption rate per flush of a water closet or urinal; and
iii. a. “Water Use Guide” label that is designed for the purpose of educating and promoting water and water-related cost savings; the label shall state the monthly and yearly cost of the fixture based on the average monthly and yearly usage and the cost of water and sewer service per thousand gallons for the range of water rates existing in the city of New York.
§ 20-690 Punishment.
Any person who shall violate any of the provisions of this subchapter shall be liable to forfeit and pay a civil penalty in the sum of not more than five hundred dollars for each violation.
Subchapter 9: Price Displays
§ 20-691 Price displays.
§ 20-692 Punishment.
Any person who shall violate any of the provisions of subdivisions a or b of section 20-691 shall be subject to a civil penalty of not less than one hundred dollars nor more than one hundred fifty dollars for each violation.
§ 20-693 Rules and regulations.
The commissioner shall promulgate such rules and regulations as he or she shall deem necessary to effectuate the purposes of this subchapter.
Subchapter 10: thermal-shock Protection Devices
§ 20-694 Thermal-Shock Protection Devices.
It shall be unlawful for any person to distribute, sell, offer for sale or import any water supply control valve which does not meet the standards of subdivision P107.6 of section P107.0 of the appendix to chapter one of title twenty-seven of this code.
§ 20-695 Penalty.
Any person who shall violate any of the provisions of this subchapter shall be subject to a civil penalty of not less than one hundred dollars nor more than five hundred dollars for each violation.
Subchapter 11: Gauges Utilizing Mercury
§ 20-696 Gauges Utilizing Mercury.
It shall be unlawful for any person to distribute, sell or offer for sale any gauge that utilizes mercury to test the pressure of gas piping, drainage or vent systems or for any person to distribute, sell or offer for sale replacement mercury for use in such gauges.
§ 20-697 Penalty.
Any person who shall violate any of the provisions of this subchapter shall be subject to a civil penalty of not less than two hundred fifty dollars nor more than one thousand dollars for each violation.
Subchapter 12: Endangered Or Threatened Species
§ 20-698 Definitions.
Whenever used in this subchapter:
§ 20-699 Prohibition.
(1) any product, item, or substance described in an offer for sale, labeled, or advertised as derived from any endangered or threatened species, or described in an offer for sale, labeled, or advertised as containing any substance derived from any endangered or threatened species; or
(2) any product, item, or substance that is intended for human consumption or application and is described in an offer for sale, labeled, or advertised as derived from any species of rhinoceros or tiger, or described in an offer for sale, labeled, or advertised as containing any substance derived from any species of rhinoceros or tiger; or
(3) any species described in an offer for sale, labeled, or advertised as any endangered or threatened species.
§ 20-699.1 Publication of endangered and threatened species list.
No later than April 1, 2005, and at least annually thereafter, the commissioner shall publish a list using the department’s website for the purpose of ensuring compliance by merchants with the provisions of this subchapter. Such list shall include guidance regarding the identification of any fish or wildlife family, genus, species, subspecies or population designated by or pursuant to New York law as endangered or threatened and shall also separately specify whether all populations of any family or genus so identified are designated as endangered or threatened by or pursuant to New York law. Such list shall be published in English and Chinese.
§ 20-699.2 Penalties.
Any person that violates any provision of section 20-699 after October 1, 2005 shall be subject to a civil penalty of not more than five hundred dollars for the first violation and each additional violation occurring on the same day as the first violation, and not less than five hundred dollars nor more than one thousand five hundred dollars for each subsequent violation occurring within a period of twenty-four months.
§ 20-699.3 Seizure and forfeiture.
Any product, item, substance, or species bought or sold, or attempted to be bought or sold, after October 1, 2005 in violation of section 20-699 or any regulation issued pursuant to this subchapter shall be subject to forfeiture upon notice and judicial determination.
§ 20-699.4 Rules.
The commissioner shall have the authority to promulgate such rules and regulations as the commissioner shall deem necessary to implement the provisions of this subchapter.
§ 20-699.5 Enforcement.
The commissioner and the members of the police department shall have the authority to enforce this subchapter.
§ 20-699.6 Hearing authority.
Notwithstanding any other provision of law, the department shall be authorized, after October 1, 2005, upon due notice and hearing, to impose civil penalties for the violation of any provision of this subchapter. The department shall have the power to render decisions and orders and to impose civil penalties not to exceed the amounts specified in section 20-699.2 of this subchapter for each such violation. All proceedings authorized pursuant to this subdivision shall be conducted in accordance with rules promulgated by the commissioner. The remedies and penalties provided for in this subdivision shall be in addition to any other remedies or penalties provided for the enforcement of such provisions under any other law including, but not limited to, civil or criminal actions or proceedings.
(2)* All such proceedings shall be commenced by the service of a notice of violation returnable to the administrative tribunal of the department. The commissioner shall prescribe the form and wording of notices of violation. The notice of violation or copy thereof when filled in and served shall constitute notice of the violation charged, and, if sworn to or affirmed, shall be prima facie evidence of the facts contained therein. In addition to serving the notice on the person being charged, where written authorization is filed with the department, the department shall deliver by first class mail a copy of the notice to the corporate headquarters or wholesale supplier of such person.
Subchapter 1: Consumer Protection Law
§ 20-700 Unfair trade practices prohibited.
No person shall engage in any deceptive or unconscionable trade practice in the sale, lease, rental or loan or in the offering for sale, lease, rental, or loan of any consumer goods or services, or in the collection of consumer debts.
§ 20-701 Definitions.
§ 20-702 Regulations.
The commissioner may adopt such rules and regulations as may be necessary to effectuate the purposes of this subchapter, including regulations defining specific deceptive or unconscionable trade practices. Such rules and regulations may supplement but shall not be inconsistent with the rules, regulations and decisions of the federal trade commission and the federal courts in interpreting the provisions of section five (a) (1), the federal trade commission act 15 U.S.C. § 45(a)(1), or the decisions of the courts interpreting section three hundred fifty of the general business law and section 2-302 of the uniform commercial code.
§ 20-703 Enforcement.
§ 20-704 Settlements.
§ 20-705 Persons excluded from this subchapter.
Nothing in this subchapter shall apply to any television or radio broadcasting station or to any publisher or printer of a newspaper, magazine, or other form of printed advertising, who broadcasts, publishes, or prints such advertisement, except insofar as said station or publisher or printer is guilty of deception on the sale or offering for sale of its own services. This subchapter shall not apply to advertising agencies, provided they are acting on information provided by their clients.
§ 20-706 Permitted practices.
The provisions of this subchapter shall be construed so as to supplement the rules, regulations, and decisions of the federal trade commission and the courts interpreting 15 U.S.C. § 45(a)(1), but the provisions of this subchapter shall in no instance be interpreted in a manner inconsistent with the rules, regulations and decisions of the federal trade commission and the courts interpreting 15 U.S.C. § 45(a)(1).
§ 20-706.1 Outreach and education on consumer protection issues for young adults.
The commissioner shall establish and engage in outreach and education efforts that are tailored to individuals ages sixteen to twenty-four. Such outreach and education shall concern consumer issues that are likely to affect individuals ages sixteen to twenty-four including, but not limited to: (a) credit card debt; (b) student loans; and (c) leasing or purchasing a motor vehicle. Such outreach and education shall also provide information related to the department’s office of financial empowerment and its financial education providers. The outreach and education required by this section shall commence on September 1, 2015 and shall include educational materials that shall be made available on the department’s website, and submitted to the chancellor of the New York city department of education and the chancellor of the city university of New York no later than September 1, 2015. The educational materials made available on the department’s website pursuant to this section shall be made available in English and in the six languages most commonly spoken by limited English proficient individuals in the city as determined by the department of city planning. The commissioner shall update the educational materials made available on the department’s website on an annual basis and submit such updated materials each year to the chancellor of the New York city department of education and the chancellor of the city university of New York.
§ 20-706.2 Business education events.
2. Such business education events shall occur in at least two separate locations within each borough on an annual basis. The first such business education event shall commence on or before June 30, 2015.
3. Each business education event shall either focus on a particular industry that is licensed or regulated by the department, or shall focus on one or more of the laws and rules that are relevant to multiple industries and enforced by the department, provided that, information relating to all laws and rules that are enforced by the department, including but not limited to the licensing laws contained in chapter two of title 20 of the administrative code, the consumer protection law contained in this subchapter, and the truth in pricing law contained in subchapter two of chapter five of title 20 of the administrative code, shall be included as a part of at least one business education event each year.
4. Any lectures or educational materials designed for the purposes of conducting such business education events shall be made available in English and in the six languages most commonly spoken by limited English proficient individuals, as those languages are determined by the department of city planning. Such educational materials shall be available on the department’s website.
§ 20-706.3 Outreach and education on consumer protection for seniors.
Naturally Occurring Retirement Community. The term “naturally occurring retirement community” means an apartment building, housing complex, or housing development, as identified by the department for the aging: (i) that was not originally built for senior citizens; (ii) that is not restricted in admissions solely to seniors; and (iii) where at least 2,500 senior citizens reside or at least 50 percent of the dwelling units are occupied by one or more senior citizens.
Senior Center. The term “senior center” shall have the same meaning as provided by section 21-201.
§ 20-706.4 Outreach and education program for immigrants relating to consumer protection.
IDNYC. The term “IDNYC” means the New York city identity card established pursuant to section 3-115.
ITIN. The term “ITIN” means an individual taxpayer identification number issued by the internal revenue service for the purpose of filing federal taxes.
§ 20-706.5 Consumer protection outreach and education program for women.
By December 1, 2016, the commissioner, in consultation with the commission on gender equity, the mayor’s office to end domestic and gender-based violence, and other city agencies as appropriate, shall establish and implement an outreach and education program to promote women’s financial independence, stability and success. Such program shall provide information on issues that typically and especially affect vulnerable populations, including but not limited to the following: (i) short- and long-term financial planning, including planning for retirement; (ii) navigation of public benefits programs; (iii) the prevalence of gender-based pricing; and (iv) deceptive business practices and predatory consumer and financial products. Such outreach and education program shall also provide information related to the office of financial empowerment and its financial education providers. The outreach and education program required by this section shall include the production of educational materials that shall be made available on the department’s website and submitted to the commission on gender equity and the mayor’s office to end domestic and gender-based violence. Such educational materials shall be made available in English and in the six languages most commonly spoken by limited English proficient individuals in the city as determined by the department of city planning. The commissioner shall review the educational materials made available on the department’s website on an annual basis, update the educational material as needed, and submit such updated material to the commission on gender equity, the mayor’s office to end domestic and gender-based violence, and other city agencies as appropriate on or before December 1 of each year.
Subchapter 2: Truth-in-pricing Law
§ 20-707 Definitions.
(a) "Consumer commodity" shall be defined as any article, good, merchandise, product or commodity of any kind or class produced, distributed or offered for retail sale for consumption by individuals, or for personal, household or family purposes. For the purposes of this subchapter, drugs, medicines and cosmetics shall not be considered consumer commodities.
§ 20-708 Display of total selling price by tag or sign.
All consumer commodities, sold, exposed for sale or offered for sale at retail except those items subject to section 20-708.1 of this code, shall have conspicuously displayed, at the point of exposure or offering for sale, the total selling price exclusive of tax by means of (a) a stamp, tag or label attached to the item or (b) by a sign at the point of display which indicates the item to which the price refers, provided that this information is plainly visible at the point of display for sale of the items so indicated. This section shall not apply to consumer commodities displayed in the window of the seller.
§ 20-708.1 Item pricing.
1. “Stock keeping unit”, known in the industry as “SKU”, shall mean each group of items offered for sale of the same brand name, quantity of contents, retail price, and variety within the following categories:
(a) Food, including all material, solid, liquid or mixed, whether simple or compound, used or intended for consumption by human beings or domestic animals normally kept as household pets and all substances or ingredients to be added thereto for any purpose;
(b) Napkins, facial tissues, toilet tissues, paper towelling and any disposable wrapping or container for the storage, handling, serving, or disposal of food;
(c) Detergents, soaps and other cleansing agents; and
(d) Non-prescription drugs, feminine hygiene products and health and beauty aids.
2. “Stock keeping item” shall mean each individual item of a stock keeping unit offered for sale. This shall include two or more pieces packaged for sale together.
3. “Retail store” shall mean a store engaged in selling stock keeping units at retail. A store which is not open to the general public but is reserved for use by its members shall come within the provisions of this definition unless the members must pay a direct fee to the store to qualify for membership and the store is not required to collect sales tax on transactions with members. A retail store shall not include any store which:
(a) Has as its only full-time employee the owner thereof, or the parent, spouse, domestic partner or child of the owner, and in addition thereto not more than two full-time employees; or
(b) Had annual gross sales of stock keeping items in the previous calendar year of less than two million dollars, unless the retail store is part of a network of subsidiaries, affiliates or other member stores, under direct or indirect common control, which, as a group, had annual gross sales of stock keeping items in the previous calendar year of two million dollars or more; or
(c) Engages primarily in the sale of food for consumption on the premises or in a specialty trade which the commissioner determines, by rule, would be inappropriate for item pricing.
4. “Item price” shall mean the tag, stamp or mark affixed to a stock keeping item which sets forth, in arabic numerals, the retail price thereof.
5. “Advertised price” shall mean the price of a stock keeping unit which a retail store has caused to be disseminated by means of promotional methods such as an in-store sign, or newspaper, circular, television or radio advertising.
6. “Shelf price” shall mean the tag or sign placed at each point of display of a stock keeping unit, which clearly sets forth the retail price of the stock keeping items within that stock keeping unit.
7. “Computer-assisted checkout system” shall mean any electronic device, computer system or machine which indicates the selling price of a stock keeping item by interpreting its universal product code, or an in-house product code, or by use of its price look-up function.
8. “Price look-up function” shall mean the capability of any checkout system to determine the retail price of a stock keeping item by way of the manual entry into the system of a code number assigned to that particular stock keeping unit by the retail store or by way of the checkout operator’s consultation of a file maintained at the point of sale.
9. “Inspector” shall mean the commissioner or his or her designee.
1. Milk.
2. Stock keeping items which are under three cubic inches in size, and weigh less than three ounces, and are priced under one dollar.
3. Eggs.
4. Fresh produce not packaged for final retail sale.
5. Products sold through a vending machine.
6. Food sold for consumption on the premises.
7. Snack foods such as cakes, gum, candies, chips and nuts offered for sale in single packages and weighing five ounces or less.
8. Cigarettes, cigars, tobacco and tobacco products.
9. Food offered for sale in bulk.
10. Frozen juice.
11. Ice cream.
12. Frozen foods packaged for final retail sale in plastic bags.
13. Stock keeping items on sale for one week or less, where such stock keeping items are not otherwise item priced, are located in a segregated display at the end of an aisle, and the sale period, the name of the product and the advertised price are clearly and conspicuously posted on a sign at the point of display. Failure to display this information shall be deemed a deceptive practice under section 20-701 of this code.
14. Baby food packaged in jars.
1. Upon the request of an inspector, the retail store representatives shall afford the inspector access to the test mode of the checkout system in use at that retail store or to a comparable function of such system and to the retail price information contained in a price look-up function. No more than one inspection shall be conducted in any twenty-four hour period.
2. In addition to the enforcement powers prescribed in sections 20-703 and 20-704 of this code, the commissioner may, upon due notice, hold hearings to determine whether violations of the provisions of this section have occurred. Such notice shall contain a concise statement of the facts constituting the alleged violation and shall set forth the date, time and place of the hearing. Upon a finding of a violation of the provisions of this section, the commissioner shall be authorized to impose a civil penalty as follows:
(a) upon inspection, up to $25 for the first 20 violations and up to $50 for each successive violation, total violations not to exceed $2,000, except that a retail store shall not be subject to the civil penalty described above for a first-time violation or first-time violations of subdivision b of this section or any rule promulgated thereunder if such retail store proves to the satisfaction of the department, within 30 days of the issuance of the notice of violation or notices of violation and prior to the commencement of an adjudication of such notice or notices, that the violation or violations have been cured. The submission of proof of a cure shall be deemed an admission of liability for all purposes. The option of presenting proof that the violation or violations have been cured shall be offered as part of any settlement offer made by the department to a retail store that has received a notice of violation or notices of violation for a first-time violation or first-time violations of subdivision b of this section or any rule promulgated thereunder. The department shall permit such proof to be submitted electronically or in person. A retail store may seek review, in the department, of the determination that proof of a cure was not submitted within 15 days of receiving written notification of such determination.
(b) upon a second or subsequent inspection within 60 days of a violation, up to $50 for the first 20 violations, and up to $100 for each successive violation, total violations issued not to exceed $8,000.
3. Each failure to comply with subdivision b of this section with respect to any one stock keeping unit shall constitute a separate violation, provided, however, that no violation shall be found where less than five stock keeping items of a particular stock keeping unit lack clearly readable item prices. Following an initial inspection, each inspection that finds a continuing violation with respect to a particular stock keeping unit cited within the previous fourteen days shall constitute a separate continued violation.
§ 20-709 Display of price per measure.
All consumer commodities designated by the commissioner in accordance with subdivision (a) of section 20-710 hereof exposed for sale or offered for sale shall be plainly marked by a stamp, tag, label or sign at the point of display with the appropriate price per measure; provided however, that the provisions of this section shall not apply to any food store having had annual gross sales in the previous tax year of less than two hundred fifty thousand dollars, ($250,000) unless it is a part of a network of subsidiaries, affiliates, or other member stores, under direct or indirect common control, which, as a group, had annual gross sales in the previous tax year of two hundred fifty thousand dollars ($250,000) or more.
§ 20-710 Regulations.
(a) The commissioner after public hearings shall promulgate regulations designating those consumer commodities which shall come within the scope of section 20-709 of this subchapter whenever the commissioner shall find that, because of the nature, form, mode of packaging or other reason, such price display for that commodity shall be necessary and appropriate to provide adequate information to the consumer.
§ 20-711 Penalties.
Any person who shall violate the provisions of section 20-708 or section 20-709 hereof or rules promulgated pursuant to this subchapter, other than the provisions of section 20-708.1 or rules promulgated under such section, shall pay a civil penalty of not less than twenty-five dollars nor more than two hundred fifty dollars for each violation and shall, upon conviction thereof, be punished by a fine of not less than twenty-five dollars nor more than two hundred fifty dollars for each violation. For the purposes of this section, each group of identical consumer commodities for which on any single day the total selling price or price per measure is not displayed in accordance with section 20-708 or section 20-709 or rules promulgated pursuant to this subchapter, other than the provisions of section 20-708.1 or rules promulgated under such section, shall be considered a single violation.
Subchapter 3: Posting of Prescription Drug Prices and Notices
§ 20-712 Definitions.
(a) "Current selling price" means the price to be paid by the purchaser to the pharmacy for a listed drug.
§ 20-713 Display of prescription drug prices.
Every pharmacy must post, at each counter over which prescription drugs are sold, a list conspicuously displaying the current selling price of the drugs designated on a form prescribed for that purpose by the department.
§ 20-713.1 Display of information relating to emergency contraception.
Any pharmacy that does not sell emergency contraception must conspicuously post, at or adjacent to each counter over which prescription drugs are sold, indicating in large type that emergency contraception is not sold at such pharmacy.
§ 20-714 Regulations.
(a) The commissioner shall promulgate regulations designating those prescription drugs which, because of the frequency with which they are prescribed, shall be posted pursuant to section 20-713. The commissioner may exempt from such regulation such drugs to the extent that, and under such conditions as are consistent with the policy of this subchapter whenever the commissioner shall find that, because of the nature of such prescription drugs, compliance with section 20-713 is unreasonably burdensome or unnecessary for adequate protection of consumers.
§ 20-715 Penalties.
Any person who shall violate the provisions of section 20-713, section 20-713.1, or regulations promulgated pursuant to this subchapter shall pay a civil penalty of not less than two hundred fifty dollars nor more than five hundred dollars for the first offense and for each succeeding offense a penalty of not less than five hundred dollars nor more than seven hundred fifty dollars for each such violation and shall, upon conviction thereof, be punished by a fine of not less than two hundred fifty dollars nor more than five hundred dollars for the first offense and for each succeeding offense a fine of not less than five hundred dollars nor more than seven hundred fifty dollars for each such violation. For the purposes of this section, if on any single day the current selling price list is not displayed in accordance with section 20-713 or regulations promulgated pursuant to this subchapter, or the required signage is not displayed in accordance with section 20-713.1 or regulations promulgated pursuant to this subchapter, it shall be considered a single violation.
Subchapter 4: Information With Respect To Room Air Conditioners
§ 20-716 Legislative findings.
The council hereby finds that the demand for electricity in the city has been steadily growing; that the supply of electricity has on frequent occasions been inadequate fully to meet the demand therefor; that the distribution system of the public utility company serving most of the city has frequently been disrupted by heavy loads; that major brownouts and blackouts in various sections of the city have frequently resulted from such conditions, particularly in the summer; that there is no present basis for concluding that such conditions will not continue for the foreseeable future; that fifty percent of the annual summer growth in demand for electricity in the city is due to air conditioning, that forty percent of the peak summer demand for electricity in the city is attributable to air conditioning; that room air conditioners use a significant part of the electricity used for air conditioning in the city; that the amount of electricity used by room air conditioners of comparable cooling capacity varies widely; that most sellers of room air conditioners do not presently advertise, display or otherwise provide prospective purchasers information as to the amount or cost of electricity required to operate the various models of room air conditioners; that such information, if provided, would lead consumers to purchase more efficient models; that the growth in demand for electricity in the city, particularly in summer months, would thereby be slowed and there would be an amelioration of some of the conditions which lead to brownouts and blackouts. The council also finds that an adequate supply of electricity is vital to the health, safety and welfare of all persons in the city. Accordingly, the council further finds that, in order to conserve electricity, there is a need to provide prospective purchasers of room air conditioners with information with respect to the efficiency and cost of operation of such units.
§ 20-717 Definitions.
(a) "Room air conditioner" shall be defined as any electrical appliance which has a compressor, a condenser, an evaporator and a fan to cool and dehumidify the surrounding air and which is capable in ordinary usage of being mounted in a window or through a wall.
§ 20-718 Display of information.
Any person selling, offering for sale or displaying for sale any room air conditioner shall set forth by a stamp, tab, label or sign at the point of display the model number, cooling capacity rating, wattage rating and estimated yearly cost of electricity necessary to operate such room air conditioner.
§ 20-719 Furnishing information.
Upon request, any person selling or offering for sale any room air conditioner shall furnish to anyone who inquires about such room air conditioner information as to the model number, cooling capacity rating, wattage rating and estimated yearly cost of electricity necessary to operate such room air conditioner.
§ 20-720 Advertising.
Any person who advertises a room air conditioner for sale in the city shall include in any advertisement therefor the model number, cooling capacity rating, wattage rating and estimated yearly cost of electricity necessary to operate such room air conditioner.
§ 20-721 Regulations.
(a) The commissioner shall adopt regulations setting forth procedures for determining the cooling capacity rating, wattage rating and estimated yearly cost of electricity necessary to operate room air conditioners.
§ 20-722 Penalties.
Any person or agent or employee thereof who shall violate any provision of this subchapter or of the regulations promulgated pursuant thereto shall be subject to a civil penalty of not less than twenty-five dollars nor more than two hundred fifty dollars for each day in which a violation occurs.
Subchapter 5: Representations In Advertising
§ 20-723 Representations in advertising.
No person, firm, corporation or association, or agent or employee thereof, doing business in New York city, who with intent to sell or in any way dispose of merchandise to the public through the media of a newspaper, magazine, circular, pamphlet, catalogue, store display, letter or handbill shall advertise, state, set forth, print, publish or cause directly or indirectly or permit directly or indirectly, so to be done in any of the aforesaid media, any of the following or anything approximating any of the following:
§ 20-723.1 Advertising Disclosure Requirements for Lenders Promoting Payday Loan Services.
(1) “Payday loan”, also known as, among other terms, “deferred deposit advances,” “cash on demand” or “cash advance,” shall mean any transaction in which funds are provided to a consumer for a limited time period in exchange for (i) a consumer’s personal check or share draft, in the amount of the funds provided to the consumer plus a fee, where presentment or negotiation of such check or share draft is deferred by agreement of the parties until a designated future date; or (ii) a consumer’s authorization to debit the consumer’s transaction account, in the amount of the funds provided to the consumer plus a fee, where such account will be debited on or after a designated future date.
(2) “Unit of advertising space” shall mean any real property, space, facility or instrumentality, or any portion thereof, owned or operated by the city of New York, or which is located or operates on real property owned or operated by the city of New York, and which is the subject of the same contract, lease, rental agreement, franchise, revocable consent, concession or other similar written agreement with the city of New York which allows the placement or display of advertisements, but not including any real property, space or facility leased from the city of New York for a term of thirty years or more during the entire term of the lease or any real property, space or facility leased from or to the industrial development agency.
Advertisements shall disclose, in clear and prominent letter type, in a print color that contrasts with the background against which it appears, of at least a 20-point type size:
i. the maximum annual percentage rates (APR) of the institution’s payday loans, computed in accordance with regulations adopted pursuant to the federal Truth-in-Lending Act; and
ii. any membership fees, finance charges, annual fees, transaction fees, rollover costs, lender’s fees or any other possible charges that may be incurred by a consumer in relation to the institution’s payday loans, including any interest, fees and other charges due at the time of any loan renewal;
iii. the state in which the lender/financial institution is chartered;
iv. the fact that the consumer will be required to supply personal information to receive the institution’s payday loan, including information regarding his or her personal financial history;
v. the fact that a fee schedule for all charges related to the institution’s payday loans will be available upon request;
vi. a contact number, such as the New York state banking department’s Consumer Hotline, where a consumer/applicant can direct complaints against the lender/financial institution;
vii. the name of the lender/financial institution offering the payday loan.
(2) All such proceedings shall be commenced by the service of a notice of violation returnable to the administrative tribunal of the department. The commissioner shall prescribe the form and wording of notices of violation. The notice of violation or copy thereof when filled in and served shall constitute notice of the violation charged, and, if sworn to or affirmed, shall be prima facie evidence of the facts contained therein.
§ 20-723.2 Disclosure Requirements for Businesses Promoting Credit Counseling Services.
(1) “Credit counselor” shall mean any person, partnership, firm, corporation or business entity advertising, promoting, or offering the type or category of credit counseling services required to be received as a pre-condition for filing a petition for bankruptcy under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, including, but not limited to, consideration of alternatives to resolve a client’s credit problems and an analysis of the client’s budget, current financial condition, factors that caused such financial condition, and how such client can develop a plan to respond to the problems without incurring negative amortization of debt.
(2) “Approved credit counselor” shall mean a credit counselor listed in the directory of authorized nonprofit budget and credit counseling service providers promulgated pursuant to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
(2) Such notice, to be signed by any potential or actual consumer, shall include, but not be limited to, the following provisions:
i. that the federal Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 created an approval process for nonprofit budget and credit counseling agencies that provide an evaluation of your current financial situation, a discussion on alternatives to bankruptcy and a personal budget plan;
ii. that to be approved by the United States Trustee and added to the directory of approved credit counselors, a credit counselor must satisfactorily demonstrate compliance with the requirements of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005;
iii. that such credit counselor is not approved to offer bankruptcy counseling services pursuant to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005;
iv. that a consumer of a credit counselor may contact the United States department of justice or the clerk of the United States bankruptcy court for the southern and eastern districts of New York for a list of credit counselors approved pursuant to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, if such consumer is considering filing a bankruptcy petition;
v. that a consumer of a credit counselor is not required to obtain a loan or enter into a contract for debt repayment with any specific credit counselor; and
vi. such other provisions as the department may deem appropriate.
(2) All such proceedings shall be commenced by the service of a notice of violation returnable to the administrative tribunal of the department. The commissioner shall prescribe the form and wording of notices of violation. The notice of violation or copy thereof shall constitute notice of the violation charged, and, if sworn to or affirmed, shall be prima facie evidence of the facts contained therein.
(3) The commissioner shall conspicuously disclose on its web site all persons, partnerships, firms, corporations or business entities that have been found to have violated any provisions of this section, or rules and regulations promulgated hereunder, within the preceding twelve months. Such disclosure shall, at minimum, list the name of each person, partnership, firm, corporation or business entity found to have violated any provisions of this section, or rules and regulations promulgated hereunder, as well as the nature of each violation.
§ 20-723.3 Disclosure Requirements for Distressed Property Consultants.
1. “Consulting services” means services promised by a distressed property consultant to a homeowner, including but not limited to services that the consultant represents will help to achieve any of the following:
i. An action to stop, enjoin, delay, set aside, annul, stay or postpone a foreclosure filing, a foreclosure sale or the loss of a home for nonpayment of taxes;
ii. A forbearance from any servicer, beneficiary or mortgagee or relief with respect to the potential loss of the home for nonpayment of taxes;
iii. The exercise of a right of reinstatement or similar right by the homeowner as provided in the mortgage documents or any law or the refinancing of a distressed home loan;
iv. Any extension of the period within which the homeowner may reinstate or otherwise restore his or her rights with respect to the property;
v. A waiver of an acceleration clause contained in any promissory note or contract secured by a mortgage on a property in foreclosure;
vi. A loan or advance of funds;
vii. Assistance to the homeowner in answering or responding to a summons and complaint, or otherwise providing information regarding the foreclosure complaint and process;
viii. The avoidance or amelioration of the impairment of the homeowner’s credit resulting from the commencement of a foreclosure proceeding or tax sale;
ix. The saving of the homeowner’s property from foreclosure or loss for non-payment of taxes; or
x. Any other action as may be deemed subject to section 265-b of the New York state general business law.
2. “Distressed home loan” means a home loan that is in danger of being foreclosed because the homeowner has one or more defaults under the mortgage that entitles the lender to accelerate full payment of the mortgage and repossess the property, or a home loan where the lender has commenced a foreclosure action. For purposes of this paragraph, a “home loan” is a loan in which the debt is incurred by the homeowner, or shareholder in a cooperative corporation, primarily for personal, family, or household purposes, and the loan is secured by a mortgage or deed of trust on property, or in the case of a cooperative by a security agreement in shares in a corporation, upon which there is located or there is to be located a structure or structures intended principally for occupancy of from one to four families, which is or will be occupied by the homeowner as the homeowner’s principal dwelling.
3. “Distressed property consultant” means an individual or corporation, partnership, limited liability company or other business entity that, directly or indirectly, solicits or undertakes employment to provide consulting services to a homeowner for compensation or promise of compensation with respect to a distressed home loan or a potential loss of the home for nonpayment of taxes, or any individual or business entity considered a distressed property consultant for purposes of New York state real property law section 265-b. A distressed property consultant does not include the following:
i. An attorney admitted to practice in the State of New York;
ii. A person or entity who holds or is owed an obligation secured by a lien on any property in foreclosure while the person or entity performs services in connection with the obligation or lien;
iii. A bank, trust company, private banker, bank holding company, savings bank, savings and loan association, thrift holding company, credit union or insurance company organized under the laws of this state, another state or the United States, or a subsidiary or affiliate of such entity or a foreign banking corporation licensed by the superintendent of banks or the comptroller of the currency;
iv. A federal Department of Housing and Urban Development approved mortgagee and any subsidiary or affiliate of such mortgagee, and any agent or employee of these persons while engaged in the business of such mortgagee;
v. A judgment creditor of the homeowner, if the judgment creditor’s claim accrues before the written notice of foreclosure sale is sent;
vi. A title insurer authorized to do business in this state, while performing title insurance and settlement services;
vii. A person licensed as a mortgage banker or registered as a mortgage broker or registered as a mortgage loan servicer as defined in article 12-d of the New York state banking law;
viii. A bona fide not-for-profit organization that offers counseling or advice to homeowners in foreclosure or loan default; or
ix. A person or entity that the superintendent of banks has determined is not subject to section 265-b of the New York state real property law.
4. “Homeowner” means a natural person who is the mortgagor with respect to a distressed home loan or who is in danger of losing a home for nonpayment of taxes.
5. “Unit of advertising space” means any real property, space, facility or instrumentality, or any portion thereof, owned or operated by the city of New York, or which is located or operates on real property owned or operated by the city of New York, and which is the subject of the same contract, lease, rental agreement, franchise, revocable consent, concession or other similar written agreement with the city of New York which allows the placement or display of advertisements, but not including any real property, space or facility leased from the city of New York for a term of thirty years or more during the entire term of the lease or any real property, space or facility leased from or to the industrial development agency.
1. that, pursuant to section 265-b of the New York state real property law, a distressed property consultant is prohibited from:
i. performing services without a written, fully executed contract with a homeowner;
ii. accepting payment for consulting services before the full completion of such services;
iii. taking power of attorney from a homeowner; and
iv. retaining any original loan document or other original document related to the distressed home loan, the property, or the potential loss of the home for nonpayment of taxes.
2. that hiring a distressed property consultant does not stop the foreclosure process, nor can a distressed property consultant guarantee any particular result with regards to a distressed property.
(2) All such proceedings shall be commenced by the service of a notice of violation returnable to the administrative tribunal of the department. The commissioner shall prescribe the form and wording of notices of violation. The notice of violation or copy thereof shall constitute notice of the violation charged, and, if sworn to or affirmed, shall be prima facie evidence of the facts contained therein.
§ 20-724 Requirements of records.
Any such person, firm, corporation or association or agent, or employee thereof, doing business in New York city, making any one or more of the aforesaid statements, claims, offers, or representations of the types described in subdivisions (a), (b) and (c) of section 20-723 shall maintain full and adequate records disclosing the facts upon which any such statements, offers, claims or representations are based.
§ 20-725 Rules and regulations.
The commissioner may make and promulgate such rules and regulations as may be necessary to carry out the purposes of this subchapter.
§ 20-726 Violations.
Any person, firm, corporation or association or agent or employee thereof, who shall violate any of the provisions of this subchapter upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500) or by imprisonment not exceeding thirty (30) days, or by both.
Subchapter 6: Availability For Sale of Advertised Merchandise
§ 20-727 Raincheck issuance disclosure.
A retailer, who has adopted as policy the issuance of rainchecks to consumers for the sale of advertised merchandise not available throughout the advertised period, shall clearly and conspicuously post such fact, along with a designation of where a raincheck can be obtained, within the retail establishment.
§ 20-728 Penalties.
Violation of this subchapter or any rule or regulation promulgated thereunder, shall be punishable by payment of a civil penalty in the sum of not less than twenty-five nor more than one hundred dollars for each violation; except that a person shall not be subject to the civil penalty described above for a first-time violation of any provision of this subchapter or any rule or regulation promulgated thereunder, if such person proves to the satisfaction of the department within thirty days of the issuance of the notice of violation and prior to the commencement of an adjudication of the violation, that he or she has cured the violation. The submission of proof of a cure shall be deemed an admission of liability for all purposes. The option of presenting proof that the violation has been cured shall be offered as part of any settlement offer made by the department to a person who has received, for the first time, a notice of violation of any provision of this subchapter or any rule or regulation promulgated thereunder. The department shall permit such proof to be submitted electronically or in person. A person may seek review, in the department’s administrative tribunal, of the determination that the person has not submitted proof of a cure within fifteen days of receiving written notification of such determination.
§ 20-729 Regulations.
The commissioner may adopt such rules and regulations as may be necessary to effectuate the purposes of this subchapter.
Subchapter 7: Information With Respect To Funeral Costs
§ 20-730 Definitions.
(1) the care and preparation of deceased human bodies for burial, cremation or other final disposition;
(2) the arrangement, supervision or conducting of the funeral ceremony.
(1) the care and preparation of deceased human bodies for burial, cremation, or other final disposition;
(2) the arrangement, supervision or conducting of the funeral ceremony and the final disposition of the deceased including, but not limited to, transporting the remains, securing necessary permits, embalming, arranging for death notices, and other funeral-related items.
§ 20-731 Casket and outer interment receptacle information.
§ 20-732 Statement to be furnished by provider of funeral services.
Any provider of funeral services shall prominently display on the funeral services establishment premises and make readily available to any customer or prospective customer a printed presentation sheet. The presentation sheet shall contain an itemized list of all funeral merchandise and services available at the establishment, a statement that the prices therefor are available upon request, and appropriate disclosures regarding legal requirements for procurement of funeral merchandise and services, the form and contents of which shall be prescribed by the commissioner. The presentation sheet shall be made current annually.
§ 20-733 Prohibited practices.
It shall be unlawful for any provider of funeral services:
§ 20-734 Merchandise and service selection.
It shall be unlawful for any provider of funeral services:
§ 20-735 Interference with the market.
It shall be unlawful for any provider of funeral services to directly or indirectly prohibit, hinder or restrict, or attempt to prohibit, hinder or restrict:
§ 20-736 Price information over telephone.
Any provider of funeral services shall, upon request, provide over the telephone,information regarding the range of prices and shall affirmatively disclose the availability of a presentation sheet at the establishment.
§ 20-737 Regulations.
The commissioner shall promulgate rules and regulations reasonably necessary to effectuate the purposes of this subchapter.
§ 20-738 Penalties.
Violation of any provision of this subchapter shall be punishable by a civil penalty of not less than one hundred nor more than one thousand dollars for each violation.
Subchapter 8: Income Tax Preparers
§ 20-739 Definitions.
§ 20-740 Disclosure.
§ 20-740.1 Consumer bill of rights regarding tax preparers.
1. Postings required by local, state and federal laws, such as price posting, posting of qualifications, and any licenses and permits required for the operation of the business; and
2. Explanations of some of the commonly offered services and industry jargon, such as preparation of short and long federal forms, refund, electronic filing, express mail, direct deposit, refund anticipation loan, “quick,” “instant,” “rapid,” “fast,” fee, and interest; and
3. Basic information on what a tax preparer is and is not required to do for a consumer, such as the preparer’s responsibility to sign a return, that a tax preparer may not be required to accompany a consumer to an audit but the company may have a voluntary policy to accompany consumers to audits; and
4. The telephone numbers of the department for information and complaints; and
5. A statement that the consumer has the right to receive the following information from the tax preparer prior to becoming obligated to compensate such tax preparer for services rendered in connection with filing such consumer’s income tax return with the appropriate governmental agencies:
(a) A written list of the refund and tax preparation services offered by the tax preparer;
(b) A written estimate of the total costs to the consumer for each refund and tax preparation service offered by the tax preparer. Such an estimate shall include basic filing fees, interest rates, refund anticipation loan processing fees, and any other related fees or charges;
(c) A written interest rate estimation for a refund anticipation loan or any other loan services offered by the tax preparer; and
(d) For each refund and tax preparation service offered by the tax preparer, a written estimate of the period of time the consumer can reasonably expect to wait for his or her tax refund.
§ 20-741 Records.
No tax preparer shall intentionally misstate or misrepresent any information relating to his or her education, training or experience on an identification and qualification statement. A tax preparer shall maintain records to substantiate all of the information contained on such a statement; provided, however, that an affidavit signed by the tax preparer indicating that the information contained on a statement is true shall be sufficient to substantiate any information if other records are not available. Such records and/or affidavit shall be kept on file on the business premises and shall be presented on demand for inspection by the commissioner.
§ 20-741.1 Refund anticipation loans.
It shall be the obligation of the tax preparer to complete the required disclosure accurately with all relevant information for each taxpayer, to provide the required point-by-point oral explanation when necessary, and to ensure that the completed disclosure form is signed by the taxpayer before he or she enters into a refund anticipation loan.
§ 20-742 Exemptions.
Apart from § 20-741.1 and the accompanying penalties as listed in § 20-743, the provisions of this subchapter shall not apply to:
§ 20-743 Penalties.
Any person, partnership, corporation or other business entity who violates any provision of this subchapter or any of the regulations promulgated hereunder shall be liable for a civil penalty or not less than two hundred fifty dollars nor more than five hundred dollars for the first violation and for each succeeding violation a civil penalty of not less than five hundred dollars nor more than seven hundred fifty dollars; except that a person, partnership, corporation or other business entity shall not be subject to the civil penalty described above for a first-time violation of subdivision (a) of section 20-740 of this subchapter or any rule or regulation promulgated thereunder, if such person, partnership, corporation or other business entity proves to the satisfaction of the department, within thirty days of the issuance of the notice of violation and prior to the commencement of an adjudication of the violation, that the violation has been cured. The submission of proof of a cure shall be deemed an admission of liability for all purposes. The option of presenting proof that the violation has been cured shall be offered as part of any settlement offer made by the department to a person, partnership, corporation or other business entity who has received, for the first time, a notice of violation of subdivision (a) of section 20-740 of this subchapter or any rule or regulation issued thereunder. The department shall permit such proof to be submitted electronically or in person. A person, partnership, corporation or other business entity may seek review, in the department’s administrative tribunal, of the determination that the person or entity has not submitted proof of a cure within fifteen days of receiving written notification of such determination.
§ 20-743.1 Civil Cause of Action.
Any person claiming to be injured by the failure of a tax preparer to act in accordance with section 20-741.1 of this subchapter shall have a cause of action against such tax preparer in any court of competent jurisdiction for any or all of the following relief:
Subchapter 9: Sale of Travel Tickets
§ 20-744 Procurement or sale of tickets, reservations or passenger accommodations.
Subchapter 10: Information Regarding Redemption of Beverage Containers
§ 20-745 Definitions.
For the purposes of this subchapter the following terms shall have the following meanings:
§ 20-746 Sign required.
Every dealer shall post conspicuously a sign that summarizes the rights and obligations of redeemers pursuant to title ten of article twenty-seven of the environmental conservation law of the state of New York.
§ 20-747 Regulations.
The commissioner may adopt such rules and regulations as may be necessary to effectuate the purposes of this subchapter. Such regulations shall include, but not be limited to, defining the contents, size and location of the sign required by section 20-746 of this subchapter.
§ 20-748 Penalties.
Violation of this subchapter, or any regulation promulgated pursuant to it, shall be punishable by payment of a civil penalty not to exceed two hundred fifty dollars; except that a person shall not be subject to a civil penalty described above for a first-time violation of section 20-746 of this subchapter or any rule or regulation promulgated thereunder, if such person proves to the satisfaction of the department, within thirty days of the issuance of the notice of violation and prior to the commencement of an adjudication of the violation, that the violation has been cured. The submission of proof of a cure shall be deemed an admission of liability for all purposes. The option of presenting proof that the violation has been cured shall be offered as part of any settlement offer made by the department to a person who has received, for the first time, a notice of violation of section 20-746 of this subchapter or any rule or regulation promulgated thereunder. The department shall permit such proof to be submitted electronically or in person. A person may seek review, in the department’s administrative tribunal, of the determination that the person has not submitted proof of a cure within fifteen days of receiving written notification of such determination.
Subchapter 11: Posting of Prices In Retail Service Establishments
§ 20-749 Definitions.
(a) "Current selling price" means the regular price of a listed service, so that, in the absence of any special offer, the service would be given upon payment of the listed price.
§ 20-750 Display of service prices.
(a) Every retail service establishment must post, at each counter or desk at which orders are placed and/or payment is made, a list conspicuously displaying the current selling price of the basic services provided. The list shall also disclose factors which may cause the price to be higher than the basic price, and the range of the possible additional charges when such variables pertain.
§ 20-751 Disclosure of base prices.
(a) Where the price of the service is calculated on a base fee plus labor and parts as determined by time and cost of materials, the base fee and the cost of labor per common unit of time shall be listed, and the list shall state that the cost of parts will be additional. The list shall also state that warranty information is available on request.
§ 20-752 Regulations.
(a) The commissioner shall promulgate such regulations as shall be necessary to effectuate the purposes of this subchapter, including, but not limited to requirements as to the manner of display of service prices.
§ 20-753 Penalties.
Any person who shall violate the provisions of this subchapter or the regulations promulgated pursuant to this subchapter shall, upon conviction thereof, pay a civil penalty or not less than fifty dollars and not more than two hundred and fifty dollars for the first offense and for each succeeding offense a penalty of not less than one hundred dollars nor more than five hundred dollars for each such violation; except that a person shall not be subject to the civil penalty described above for a first-time violation of subdivision c of section 20-750 of this subchapter or any rule or regulation promulgated thereunder, if such person proves to the satisfaction of the department, within thirty days of the issuance of the notice of violation and prior to the commencement of an adjudication of the violation, that the violation has been cured. The submission of proof of a cure shall be deemed an admission of liability for all purposes. The option of presenting proof that the violation has been cured shall be offered as part of any settlement offer made by the department to a person who has received, for the first time, a notice of violation of subdivision c of section 20-750 of this subchapter or any rule or regulation issued thereunder. The department shall permit such proof to be submitted electronically or in person. A person may seek review, in the department’s administrative tribunal, of the determination that the person has not submitted proof of a cure within fifteen days of receiving written notification of such determination. For the purposes of this section, if on any single day the current selling price list is not displayed in accordance with this subchapter or the regulations promulgated pursuant to this subchapter, it shall be considered a single violation.
Subchapter 12: Delayed Payment Transactions: Billing Practices
§ 20-755 Definitions.
For the purposes of this subchapter, the following definitions shall apply:
§ 20-756 Consumer invoices; required disclosure.
1. a plain-language description of the item or service provided;
2. the make and model number, where applicable;
3. the cost of the item or service;
4. date of purchase or service;
5. date of delivery, where applicable;
6. the name and business address of the provider;
7. the telephone number of the provider’s billing department or customer service representative; and
8. any other characteristics of the transaction required to be disclosed by law or regulation.
§ 20-757 Unsolicited offers.
Offers for goods or services shall not appear on any invoice for a delayed payment transaction unless the customer has previously agreed to receive such offers. Where the consumer has so agreed, and the item listed is an offer, the invoice must state in letters of point size equal to that of the amount to be charged, “This is an offer.” No offers shall be included in the total amount due and payable, but must be separately itemized and totalled.
§ 20-758 Violations.
Any provider or agent or employee thereof who shall violate any of the provisions of this subchapter, upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars ($500), and shall be liable for a civil penalty of one hundred dollars ($100) for each violation.
Subchapter 13: Tobacco Product Promotion
§ 20-760 Tobacco product promotion restriction.
Subchapter 13-A: Motorized Scooters
§ 20-762 Motorized Scooters.
Subchapter 14: Domestic Workers and Household Employees
§ 20-770 Application.
The provisions of this subchapter shall apply to all employment agencies, as defined in section 171 of article 11 of the general business law, which arrange employment for domestic or household employees.
§ 20-771 Statement of employee rights and employer obligations under city, state and federal law.
§ 20-772 Statement of job conditions; records.
§ 20-773 Enforcement.
In order to implement and carry out the requirements of this subchapter, the commissioner or his or her duly authorized agent or inspector shall have the same authority as set forth in section 189 of article 11 of the general business law.
§ 20-774 Violations.
Any person who violates, and the officers of a corporation and stockholders holding ten percent or more of the stock of a corporation which is not publicly traded, who knowingly permit the corporation to violate, subdivisions (a) and (b) of sections 20-771 and 20- 20-772 of this subchapter shall be guilty of a misdemeanor and upon conviction shall be subject to a fine not to exceed one thousand dollars, or imprisonment for not more than one year, or both, by any court of competent jurisdiction. Criminal proceedings based upon violations of such subdivisions may be instituted by the commissioner and/or any persons aggrieved by such violations.
Subchapter 14-a: Immigration Assistance Services
§ 20-775 Definitions.
For the purpose of this subchapter, the following terms have the following meanings:
1. any person who is a member in good standing of the bar of the highest court of any state, possession, territory, commonwealth or the District of Columbia, and is not under any order of any court suspending, enjoining, restraining, disbarring, or otherwise restricting him or her in the practice of law, or any person working directly under the supervision of the person admitted;
2. any tax-exempt, not-for-profit organization that provides immigration assistance services without a fee or other payment from individuals or at nominal fees as defined by the United States department of justice and any employee of such organization acting within the scope of his or her employment;
3. any tax-exempt, not-for-profit organization recognized by the United States department of justice that provides immigration assistance services via representatives accredited by the department to appear before the United States citizenship and immigration services and/or executive office for immigration review, that does not charge a fee or charges nominal fees as defined by the department, and any duly accredited employee of such organization acting within the scope of his or her employment;
4. any authorized agency under subdivision ten of section three hundred seventy-one of the New York state social services law and the employees of such organization when acting within the scope of such employment;
5. any elected official who, acting within the scope of his or her official capacity, without a fee or other payment makes inquiries on behalf of an individual to any governmental authority responsible for administering any program, law or regulation affecting the non-immigrant, immigrant or citizenship status of a person;
6. any employee of the office of the mayor or an executive agency of the city of New York who, acting within the scope of his or her capacity as an employee of the office of the mayor or an executive agency of the city of New York, without a fee or other payment makes inquires on behalf of an individual to any governmental authority responsible for administering any program, law or regulation affecting the non-immigrant, immigrant or citizenship status of a person; or
7. any individual providing representation in an immigration-related proceeding under federal law for which federal law or regulation establishes such individual’s authority to appear.
§ 20-776 Prohibited conduct.
In the course of providing immigration assistance services, no provider may:
§ 20-777 Written Agreement.
No immigration assistance services shall be provided until the customer has executed a written contract with the provider. The contract shall be in a language understood by the customer, either alone or with the assistance of an interpreter, and, if that language is not English, an English language version of the contract must also be provided. A copy of the contract shall be provided to the customer immediately upon the customer’s execution of the contract. The interpreter shall provide an attestation affirming the accuracy of the translation, to be attached to the contract. The customer has the right to cancel the contract within three business days after his or her execution of the contract, without fee or penalty. The right to cancel the contract within three days without payment of any fee may be waived when services must be provided immediately to avoid a forfeiture of eligibility or other loss of rights or privileges, and the customer furnishes the provider with a separate dated and signed statement, by the customer or his or her representative, describing the need for services to be provided within three days and expressly acknowledging and waiving the right to cancel the contract within three days. The contract may be cancelled at any time after execution. If the contract is cancelled more than three days after execution, or within three days after execution if the right to cancel without fee has been waived, the provider may retain fees for services rendered, and any additional amounts actually expended on behalf of the customer. All other amounts must be returned to the customer within fifteen days after cancellation. The written contract shall be in plain language, in at least twelve point font and shall include the following:
§ 20-777.1 Posting of Signs.
§ 20-777.2 Advertisements.
§ 20-778 Document Retention.
Every provider shall retain copies of all documents prepared or obtained in connection with a customer’s request for assistance for a period of three years after a written contract is executed by the provider and the customer, whether or not such contract is subsequently cancelled.
§ 20-779 Surety.
Unless otherwise required by New York state law, every provider must maintain in full force and effect, for the entire period during which the provider provides immigration assistance services and for one year after the provider ceases to do business as a provider of immigration assistance services, a bond, contract of indemnity, or irrevocable letter of credit, payable to the people of the city of New York, in the principal amount of fifty thousand dollars. Such surety shall be for the benefit of any person who does not receive a refund of fees from the provider to which he or she is entitled, or is otherwise injured by the provider. The Commissioner on behalf of the person or the person in his or her own name may maintain an action against the provider and the surety.
§ 20-779.1 Penalties.
(2) Civil Penalties. Any provider of immigration assistance services who violates any provision of this subchapter or any rule or regulation promulgated hereunder shall be liable for a civil penalty of not less than five hundred dollars nor more than five thousand dollars for the first violation and for each succeeding violation a civil penalty of not less than one thousand dollars nor more than ten thousand dollars.
§ 20-779.2 Civil Cause of Action.
Any person claiming to be injured by the failure of a provider of immigration assistance services to comply with the provisions of this subchapter shall have a cause of action against such provider of immigration assistance services in any court of competent jurisdiction for any or all of the following relief:
§ 20-779.3 Rules.
The commissioner may promulgate such rules and regulations as are necessary for the purposes of implementing and carrying out the provisions of this subchapter. Upon a finding by the commissioner that the requirements of state law applicable to providers of immigration services are substantially the same as the requirements of this subchapter, compliance with state law shall be deemed to be compliance with the requirements of this subchapter.
§ 20-779.4 Severability.
If any section, subsection, sentence, clause, phrase or other portion of this subchapter is, for any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this law, which shall continue in full force and effect.
§ 20-779.5 Reporting.
1. the number of complaints received related to providers of immigration assistance services, disaggregated by source and type;
2. the number of proactive investigations that do not stem from a complaint conducted by the department;
3. the number of violations issued, disaggregated by type;
4. the number of the violations issued that originated with a consumer complaint;
5. the number of violations issued as a result of a proactive investigation by the department;
6. the length of time the department required to investigate and determine whether to issue a violation for each complaint received;
7. a description of the department’s efforts to proactively investigate providers of immigration assistance services;
8. a description of the department’s efforts to collaborate with other law enforcement agencies on investigation, enforcement, and community education efforts; and
9. a description of changing trends in the provision of services and common fraudulent schemes.
§ 20-779.6 Community Outreach and Education.
§ 20-779.7 Consumer Bill of Rights.
Subchapter 15: Payday Loans*
§ 20-780 Definitions.
§ 20-781 Disclosure of loan information.
Before any consumer enters into a payday loan, the person offering, providing, or facilitating such loan shall provide to the consumer in writing all disclosure required pursuant to the federal Truth in Lending Act in addition to the following disclosure, in English and Spanish, in at least 20-point type:
It shall be the obligation of the person offering, providing, or facilitating the payday loan to complete the required disclosure accurately with all relevant information for each consumer and to ensure that the completed disclosure form is signed by the consumer before he or she enters into the payday loan.
§ 20-782 Consumer information.
Not later than the first day of February of the year two thousand and five and on a quarterly basis thereafter, not later than February first, May first, August first, and November first of each year, any person offering, providing, or facilitating a payday loan in New York city shall submit to the department of consumer affairs and the council the residential zipcode of each consumer who lives within the city boundaries and has entered into a payday loan during the immediately preceding quarter.
§ 20-783 Penalties.
Any person who shall violate any of the provisions of this subchapter shall be subject to a civil penalty of not less than two hundred fifty dollars nor more than one thousand dollars for each violation.
§ 20-784 Hearing authority.
(1) Notwithstanding any other provision of law, the department shall be authorized upon due notice and hearing, to impose civil penalties for the violation of any provision of this subchapter. The department shall have the power to render decisions and orders and to impose civil penalties not to exceed the amounts specified in section 20-783 of this subchapter for each such violation. All proceedings authorized pursuant to this subdivision shall be conducted in accordance with rules promulgated by the commissioner. The remedies and penalties provided for in this subdivision shall be in addition to any other remedies or penalties provided for the enforcement of such provisions under any other law including, but not limited to, civil or criminal actions or proceedings.
Subchapter 15: Disclosure of Information By Child Care Facilities*
§ 20-800 Definitions.
(1) the name of the day care service;
(2) the name of the day care service permittee;
(3) the day care service permit number and expiration date;
(4) the address of the day care service;
(5) the date of inspection;
(6) the maximum number of children authorized to be present at any one time as specified in the day care service permit;
(7) any violations identified by the department during the inspection;
(8) whether a permit was ordered suspended or revoked in the past 24 months; and
(9) whether a day care service was ordered closed because its continued operation represented a danger to the health or safety of children; and the terms and conditions, if any, under which such day care service has been allowed to reopen and is authorized to operate.
§ 20-801 Posting of information.
Every child care provider must post a sign in a conspicuous place near its public entrance or entrances stating that the most recent child care inspection report for the provider may be accessed through the website of the department of health and mental hygiene or the website of the New York state office of children and family services. At a minimum, the sign must contain the name of the child care provider, the address and license or registration number of the child care provider and maximum capacity of the child care facility and the number of staff employed by the child care facility as required by law or regulation. The sign must be printed in clear and legible type, in such a manner as to be readily visible to customers and must indicate how to gain access to child care inspection reports through the department’s website.
§ 20-802 Informational materials.
Every child care provider must include, along with informational or application materials, a copy of the most recent summary day care service inspection report. In addition, informational or application materials furnished to parents and prospective parents shall explicitly state the maximum capacity of the child care facility and the number of staff employed by the child care facility as required by law or regulation.
§ 20-803 Notice of violations.
Any child care provider that has been notified by the New York state office of children and family services or by the New York city department of health and mental hygiene that it has been cited for having a serious violation of licensing, registration or permit requirements of either section 390 of the New York state social services law or the regulations promulgated thereunder or articles 5 and 47 of title 24 of the New York city health code, must notify the parents of children receiving care from the child care provider that the child care provider is in violation of the licensing, registration or permit requirements within 24 hours of receiving such notification. The requirement of this provision may be satisfied by posting a sign on the front door of the child care facility for at least one week after such notification or by furnishing a copy of the report specifically noting the violation to all parents of children receiving care from the child care provider.
§ 20-804 Penalties.
Any child care provider who violates any provision of this subchapter or any rule or regulation promulgated hereunder shall be liable for a civil penalty of not less than two hundred dollars nor more than one thousand dollars for each violation.
§ 20-805 Rules.
The commissioner shall have the authority to promulgate such rules and regulations as the commissioner shall deem necessary to implement the provisions of this subchapter.
§ 20-806 Severability.
If any section, subsection, sentence, clause, phrase or other portion of this subchapter is, for any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this law, which shall continue in full force and effect.
Subchapter 16: Tenant Screening Report Disclosure
§ 20-807 Definitions.
For purposes of this subchapter, the following definitions shall apply:
§ 20-808 Disclosure.
(i) either:
(1) that the application information provided by the prospective tenant or tenants may be used to obtain a tenant screening report and the name and address of the consumer reporting agency or agencies which will be used to obtain such report, or
(2) that the application information provided will not be used to obtain a tenant screening report and that the person requesting such information, and his or her agent(s), do not use tenant screening reports to determine a prospective tenant or tenants’ suitability for housing; and
(ii) that pursuant to federal and state law:
(1) if the person requesting the information takes adverse action against a prospective tenant or tenants on the basis of information contained in a tenant screening report, such person must notify the tenant that such action was taken and supply the name and address of the consumer reporting agency that provided the tenant screening report on the basis of which such action was taken;
(2) any prospective tenant against whom adverse action was taken based on information contained in a tenant screening report has the right to inspect and receive a free copy of such report by contacting the consumer reporting agency;
(3) every tenant or prospective tenant is entitled to one free tenant screening report from each national consumer reporting agency annually, in addition to a credit report that should be obtained from www.annualcreditreport.com and
(4) every tenant or prospective tenant may dispute inaccurate or incorrect information contained in a tenant screening report directly with the consumer reporting agency.
§ 20-809 Posting of signs.
§ 20-810 Violations.
A person violating sections 20-808 or 20-809 of this subchapter shall be subject to a civil penalty of not less than two hundred fifty dollars nor more than five hundred dollars for the first violation; except that a person shall not be subject to the civil penalty described above for a first-time violation of section 20-809 of this subchapter or any rule or regulation promulgated thereunder, if such person proves to the satisfaction of the department, within thirty days of the issuance of the notice of violation and prior to the commencement of an adjudication of the violation, that the violation has been cured. The submission of proof of a cure shall be deemed an admission of liability for all purposes. The option of presenting proof that the violation has been cured shall be offered as part of any settlement offer made by the department to a person who has received, for the first time, a notice of violation of section 20-809 of this subchapter or any rule or regulation promulgated thereunder. The department shall permit such proof to be submitted electronically or in person. A person may seek review, in the department’s administrative tribunal, of the determination that the person has not submitted proof of a cure within fifteen days of receiving written notification of such determination.
§ 20-811 Hearing authority.
Subchapter 17: Pregnancy Services Centers
§ 20-815 Definitions.
For the purposes of this subchapter, the following terms shall have the following meanings:
§ 20-816 Required disclosures.
(1) in writing, in English and Spanish in a size and style as determined in accordance with rules promulgated by the commissioner on (i) at least one sign conspicuously posted in the entrance of the pregnancy services center; (ii) at least one additional sign posted in any area where clients wait to receive services; and (iii) in any advertisement promoting the services of such pregnancy services center in clear and prominent letter type and in a size and style to be determined in accordance with rules promulgated by the commissioner; and
(2) orally, whether by in person or telephone communication, upon a client or prospective client request for any of the following services: (i) abortion; (ii) emergency contraception; or (iii) prenatal care.
§ 20-817 Confidentiality of health and personal information.
(1) be in writing, dated and signed by the client;
(2) identify the nature of the information to be disclosed;
(3) identify the name and institutional affiliation of the person or class of persons to whom the information is to be disclosed;
(4) identify the organization or individual who is to make the disclosure;
(5) identify the client;
(6) contain an expiration date or an expiration event that relates to the client or the purpose of the use or disclosure.
§ 20-818 Penalties.
(2) Orders of the commissioner issued pursuant to paragraph one of this subdivision shall be posted at the premises that are the subject of the order(s).
(3) Ten days after the posting of an order issued pursuant to paragraph one of this subdivision, and upon the written directive of the commissioner, officers and employees of the department and officers of the New York city police department are authorized to act upon and enforce such orders.
(4) A closing directed by the department pursuant to paragraph one of this subdivision shall not constitute an act of possession, ownership or control by the city of the closed premises.
(5) Mutilation or removal of a posted order of the commissioner or his designee shall be punishable by a fine of not more than two hundred fifty dollars or by imprisonment not exceeding fifteen days, or both, provided such order contains therein a notice of such penalty. Any other intentional disobedience or resistance to any provision of the orders issued pursuant to paragraph one of this subdivision, including using or occupying or permitting any other person to use or occupy any premises ordered closed without the permission of the department as described in subdivision b shall, in addition to any other punishment prescribed by law, be punishable by a fine of not more than one thousand dollars, or by imprisonment not exceeding six months, or both.
§ 20-819 Hearing authority.
§ 20-820 Civil cause of action.
Any person claiming to be injured by the failure of a pregnancy services center to comply with section 20-817 shall have a cause of action against such pregnancy services center in any court of competent jurisdiction for any or all of the following remedies: compensatory and punitive damages; injunctive and declaratory relief; attorney’s fees and costs; and such other relief as a court deems appropriate.
Subchapter 18: Prohibition on the Sale of Expired Over-the-counter Medication
§ 20-821 Definitions.
For purposes of this subchapter, the following definitions shall apply:
§ 20-822 Prohibited conduct and violations.
§ 20-823 Enforcement.
The department, the police department, and other agencies designated by the commissioner are authorized to enforce the provisions of this subchapter.
Subchapter 19: Conversion Therapy Prohibition [Repealed]
§ 20-824 Definitions. [Repealed]
(L.L. 2018/022, 12/31/2017, eff. 4/30/2018; repealed L.L. 2019/188, 10/26/2019, retro eff. 9/12/19)
§ 20-825 Prohibited conduct. [Repealed]
(L.L. 2018/022, 12/31/2017, eff. 4/30/2018; repealed L.L. 2019/188, 10/26/2019, retro eff. 9/12/19)
§ 20-826 Enforcement. [Repealed]
(L.L. 2018/022, 12/31/2017, eff. 4/30/2018; repealed L.L. 2019/188, 10/26/2019, retro eff. 9/12/19)
§ 20-827 Rules and regulations. [Repealed]
(L.L. 2018/022, 12/31/2017, eff. 4/30/2018; repealed L.L. 2019/188, 10/26/2019, retro eff. 9/12/19)
Subchapter 20: Required Disclosures by Bail Bond Agents
§ 20-830 Definitions.
For purposes of this subchapter, the following terms have the following meanings:
Bail bond business. The term “bail bond business” means any bail or insurance business, as described in subsection a of section 6801 of the insurance law.
Bail bond agent. The term “bail bond agent” means any individual, corporation, or other entity that acts as an agent or solicitor of a bail bond business in soliciting, negotiating, or effectuating any deposit or bail bond by such bail bond business as referenced in subsection a of section 6802 of the insurance law.
Designated citywide languages. The term “designated citywide languages” means the top six limited English proficiency languages spoken by the population of the city as determined, by the department of city planning and the office of the language services coordinator.
Premium or compensation. The term “premium or compensation” means “premium or compensation” as this term is used in section 6804 of the insurance law.
§ 20-831 Disclosures related to bail bonds.
1. What bail bond businesses and agents are and how the process of obtaining a bail bond works;
2. What a bail bond agent is, and is not, required by law to do for a consumer;
3. How to make a complaint regarding a bail bond business or bail bond agent, including the contact information for the city and state agencies to which a complaint may be directed;
4. Explanations of the commonly offered services and commonly used industry terms, such as “premium or compensation” and “collateral,” including, but not limited to, the difference between nonrefundable premium or compensation and refundable collateral;
5. A list of the maximum premium or compensation that can be charged for giving bail bond or depositing money or property as bail under section 6804 of the insurance law, including examples of the maximum premium or compensation for common bail amounts;
6. A statement that a premium or compensation that exceeds the premium or compensation amounts permitted pursuant to section 6804 of the insurance law is illegal;
7. That a consumer may negotiate the terms of the bail bond contract and take the contract off the premises where a transaction occurs for review prior to signing; and that the contract shall disclose when collateral is to be returned and under which conditions such collateral may be kept by the bail bond agent;
8. That the consumer bill of rights is available upon request in the designated citywide languages; and
9. A statement that a consumer may be eligible for refundable cash bail.
1. The license number of the bail bond agent;
2. The registered name of the bail bond agent;
3. All addresses and phone numbers registered under the license; and
4. The name of any sublicensee registered under the license.
1. The name, license number, address, and phone number of the bail bond agent;
2. The amount of the bond, when it will be paid, and the name of the bail bond business that issued the bond;
3. A description of the collateral, when such collateral will be returned and under which conditions such collateral may be kept;
4. The amount of the premium or compensation; and
5. A statement of any money paid to a third party by the consumer and the purpose of such payment.
§ 20-832 Disclosure of premium or compensation for bail bond services.
1. A list of the maximum premium or compensation that can be charged for giving bail bond or depositing money or property as bail under section 6804 of the insurance law;
2. That such premium or compensation represents the maximum amounts, excluding collateral, that a bail bond agent can charge for services;
3. That a consumer is entitled to receive and must sign a consumer bill of rights before entering a contract with a bail bond agent; and
4. That a consumer may make a complaint to the department or the relevant state agencies as illustrated in the consumer bill of rights.
§ 20-833 Rules.
The department is authorized to promulgate such rules as it deems necessary to implement and enforce the provisions of this subchapter.
§ 20-835 Civil penalties.
§ 20-900 Definitions.
For the purposes of this chapter, the following terms shall have the following meanings:
§ 20-901 Reports.
§ 20-902 Prohibited acts.
§ 20-903 Rules.
The commissioner shall promulgate any rules as may be necessary for the purposes of implementing and enforcing this chapter.
§ 20-904 Violations and penalties.
§ 20-905 Enforcement.
The department shall enforce the provisions of this chapter. A proceeding to recover any civil penalty authorized pursuant to section 20-904 of this chapter shall be commenced by the service of a notice of violation returnable to the administrative tribunal of the department. The notice of violation or copy thereof when filled in and served shall constitute notice of the violation charged. The administrative tribunal shall have the power to render decisions and to impose the remedies and penalties provided for in section 20-904 of this chapter, in addition to any other remedies or penalties provided for the enforcement of such provisions under any other law including, but not limited to, civil or criminal actions or proceedings.
§ 20-910 Air conditioning prohibitions.
Chain of stores. The term “chain of stores” means five or more stores located within the city of New York that are engaged in the same general field of business and conduct business under the same business name or operate under common ownership or management or pursuant to a franchise agreement with the same franchisor.
Commercial building or structure. The term “commercial building or structure” means a building or structure, or a portion thereof, classified in accordance with section BC 302 of the New York city building code in occupancy group B or M.
Door. The term “door” means any door used to close off any exterior entrance to a commercial building or structure and that when open allows for the co-mingling of indoor and outdoor air, but shall not include doors that (i) adjoin indoor seating areas where food or beverages are served and link such areas to the outside or (ii) allow for direct service of food or beverages to outdoor space during times when servers are actively engaged in serving such space.
Person. The term “person” means (i) with respect to the portion of a commercial building or structure that is a retail or wholesale establishment that sells goods or provides services to consumers, the owner or lessee of such establishment; and (ii) with respect to any other portion of a commercial building or structure, the record owner or lessee of such building or structure.
Window. The term “window” means any window used to close off any exterior opening to a commercial building or structure and that when open allows for the co-mingling of indoor and outdoor air, but shall not include windows (i) in restaurants that adjoin indoor seating areas where food or beverages are served and link such areas to the outside or (ii) that allow for direct service of food or beverages to outdoor space during times when servers are actively engaged in serving such space.
(ii) On and after July 1, 2016, any person who violates this section shall be liable for a civil penalty in the amount of two hundred fifty dollars for each open door or window for the first violation and five hundred dollars for each open door or window for any second and subsequent violation within an eighteen month period, except that such person shall be liable for a civil penalty in the amount of five hundred dollars for each open door or window for the first violation and one thousand dollars for each open door or window for any second and subsequent violation within an eighteen month period if the violation occurs at a store that is part of a chain of stores.
(iii) All violations issued prior to July 1, 2016, shall continue to count toward the cumulative total of violations issued to a person for the purpose of assessing the amount of a civil penalty under paragraph (i) or (ii) of this subdivision.
Editor’s note: subdivision f of this § 20-910 became effective on 11/6/2015; see L.L. 2015/092 § 2.
§ 20-911 Short title.
This chapter shall be known and may be cited as the “Earned Safe and Sick Time Act.”
§ 20-912 Definitions.
When used in this chapter, the following terms shall be defined as follows:
“Calendar year” shall mean a regular and consecutive twelve month period, as determined by an employer.
“Chain business” shall mean any employer that is part of a group of establishments that share a common owner or principal who owns at least thirty percent of each establishment where such establishments (i) engage in the same business or (ii) operate pursuant to franchise agreements with the same franchisor as defined in general business law section 681; provided that the total number of employees of all such establishments in such group is at least five.
“Child” shall mean a biological, adopted or foster child, a legal ward, or a child of an employee standing in loco parentis.
“Commissioner” shall mean the head of such office or agency as the mayor shall designate pursuant to section 20-a of the charter.
“Department” shall mean such office or agency as the mayor shall designate pursuant to section 20-a of the charter.
“Domestic partner” shall mean any person who has a registered domestic partnership pursuant to section 3-240 of the code, a domestic partnership registered in accordance with executive order number 123, dated August 7, 1989, or a domestic partnership registered in accordance with executive order number 48, dated January 7, 1993.
“Domestic worker” shall mean any “domestic worker” as defined in section 2(16) of the labor law who is employed for hire within the city of New York for more than eighty hours in a calendar year who performs work on a full-time or part-time basis.
“Employee” shall mean any “employee” as defined in subdivision 2 of section 190 of the labor law who is employed for hire within the city of New York for more than eighty hours in a calendar year who performs work on a full-time or part-time basis, including work performed in a transitional jobs program pursuant to section 336-f of the social services law, but not including work performed as a participant in a work experience program pursuant to section 336-c of the social services law, and not including those who are employed by (i) the United States government; (ii) the state of New York, including any office, department, independent agency, authority, institution, association, society or other body of the state including the legislature and the judiciary; or (iii) the city of New York or any local government, municipality or county or any entity governed by section 92 of the general municipal law or section 207 of the county law.
“Employer” shall mean any “employer” as defined in subdivision (3) of section 190 of the labor law, but not including (i) the United States government; (ii) the state of New York, including any office, department, independent agency, authority, institution, association, society or other body of the state including the legislature and the judiciary; or (iii) the city of New York or any local government, municipality or county or any entity governed by general municipal law section 92 or county law section 207. In determining the number of employees performing work for an employer for compensation during a given week, all employees performing work for compensation on a full-time, part-time or temporary basis shall be counted, provided that where the number of employees who work for an employer for compensation per week fluctuates, business size may be determined for the current calendar year based upon the average number of employees who worked for compensation per week during the preceding calendar year, and provided further that in determining the number of employees performing work for an employer that is a chain business, the total number of employees in that group of establishments shall be counted.
“Family member” shall mean an employee’s child, spouse, domestic partner, parent, sibling, grandchild or grandparent; the child or parent of an employee’s spouse or domestic partner; any other individual related by blood to the employee; and any other individual whose close association with the employee is the equivalent of a family relationship.
“Family offense matter” shall mean an act or threat of an act that may constitute disorderly conduct, harassment in the first degree, harassment in the second degree, aggravated harassment in the second degree, sexual misconduct, forcible touching, sexual abuse in the third degree, sexual abuse in the second degree as set forth in subdivision 1 of section 130.60 of the penal law, stalking in the first degree, stalking in the second degree, stalking in the third degree, stalking in the fourth degree, criminal mischief, menacing in the second degree, menacing in the third degree, reckless endangerment, strangulation in the first degree, strangulation in the second degree, criminal obstruction of breathing or blood circulation, assault in the second degree, assault in the third degree, an attempted assault, identity theft in the first degree, identity theft in the second degree, identity theft in the third degree, grand larceny in the fourth degree, grand larceny in the third degree or coercion in the second degree as set forth in subdivisions 1, 2 and 3 of section 135.60 of the penal law between spouses or former spouses, or between parent and child or between members of the same family or household.
“Grandchild” shall mean a child of an employee’s child.
“Grandparent” shall mean a parent of an employee’s parent.
“Health care provider” shall mean any person licensed under federal or New York state law to provide medical or emergency services, including, but not limited to, doctors, nurses and emergency room personnel.
“Hourly professional employee” shall mean any individual (i) who is professionally licensed by the New York state education department, office of professions, under the direction of the New York state board of regents under education law sections 6732, 7902 or 8202, (ii) who calls in for work assignments at will determining his or her own work schedule with the ability to reject or accept any assignment referred to them and (iii) who is paid an average hourly wage which is at least four times the federal minimum wage for hours worked during the calendar year.
“Human trafficking” shall mean an act or threat of an act that may constitute sex trafficking, as defined in section 230.34 of the penal law, or labor trafficking, as defined in section 135.35 and 135.36 of the penal law.
“Member of the same family or household” shall mean (i) persons related by consanguinity or affinity; (ii) persons legally married to or in a domestic partnership with one another; (iii) persons formerly married to or in a domestic partnership with one another regardless of whether they still reside in the same household; (iv) persons who have a child in common, regardless of whether such persons have been married or domestic partners or have lived together at any time; and (v) persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time.
“Paid safe/sick time” shall mean time that is provided by an employer to an employee that can be used for the purposes described in section 20-914 of this chapter and is compensated at the same rate as the employee earns from his or her employment at the time the employee uses such time, except that an employee who volunteers or agrees to work hours in addition to his or her normal schedule will not receive more in paid safe/sick time compensation than his or her regular hourly wage if such employee is not able to work the hours for which he or she has volunteered or agreed even if the reason for such inability to work is one of the reasons in section 20-914 of this chapter. In no case shall an employer be required to pay more to an employee for paid safe/sick time than the employee’s regular rate of pay at the time the employee uses such paid safe/sick time, except that in no case shall the paid safe/sick time hourly rate be less than the hourly rate provided in subdivision 1 of section 652 of the labor law.
“Parent” shall mean a biological, foster, step- or adoptive parent, or a legal guardian of an employee, or a person who stood in loco parentis when the employee was a minor child.
“Public disaster” shall mean an event such as fire, explosion, terrorist attack, severe weather conditions or other catastrophe that is declared a public emergency or disaster by the president of the United States, the governor of the state of New York or the mayor of the city of New York.
“Public health emergency” shall mean a declaration made by the commissioner of health and mental hygiene pursuant to subdivision d of section 3.01 of the New York city health code or by the mayor pursuant to section 24 of the executive law.
“Public service commission” shall mean the public service commission established by section 4 of the public service law.
“Retaliation” shall mean any threat, discipline, discharge, demotion, suspension, reduction in employee hours, or any other adverse employment action against any employee for exercising or attempting to exercise any right guaranteed under this chapter.
“Safe time” shall mean time that is provided by an employer to an employee that can be used for the purposes described in subdivision b of section 20-914 of this chapter, whether or not compensation for that time is required pursuant to this chapter.
“Sexual offense” shall mean an act or threat of an act that may constitute a violation of article 130 of the penal law.
“Sibling” shall mean an employee’s brother or sister, including half-siblings, step-siblings and siblings related through adoption.
“Sick time” shall mean time that is provided by an employer to an employee that can be used for the purposes described in subdivision a of section 20-914 of this chapter, whether or not compensation for that time is required pursuant to this chapter.
“Spouse” shall mean a person to whom an employee is legally married under the laws of the state of New York.
“Stalking” shall mean an act or threat of an act that may constitute a violation of section 120.45, 120.50, 120.55, or 120.60 of the penal law.
§ 20-913 Right to safe/sick time; accrual.
1. All employers that employ five or more employees and all employers of one or more domestic workers shall provide paid safe/sick to their employees in accordance with the provisions of this chapter.
2. All employees not entitled to paid safe/sick pursuant to this chapter shall be entitled to unpaid safe/sick time in accordance with the provisions of this chapter.
2. In addition to the paid day or days of rest to which a domestic worker is entitled pursuant to subdivision 1 of section 161 of the labor law, such domestic worker shall also be entitled to two days of paid safe/sick time as of the date that such domestic worker is entitled to such paid day or days of rest and annually thereafter, provided that notwithstanding any provision of this chapter to the contrary, such two days of paid safe/sick time shall be calculated in the same manner as the paid day or days of rest are calculated pursuant to the provisions of subdivision 1 of section 161 of the labor law.
§ 20-914 Use of safe/sick time.
1. An employee shall be entitled to use sick time for absence from work due to:
(a) such employee’s mental or physical illness, injury or health condition or need for medical diagnosis, care or treatment of a mental or physical illness, injury or health condition or need for preventive medical care; or
(b) care of a family member who needs medical diagnosis, care or treatment of a mental or physical illness, injury or health condition or who needs preventive medical care; or
(c) closure of such employee’s place of business by order of a public official due to a public health emergency or such employee’s need to care for a child whose school or childcare provider has been closed by order of a public official due to a public health emergency.
2. For an absence of more than three consecutive work days for sick time, an employer may require reasonable documentation that the use of sick time was authorized by this subdivision. For sick time used pursuant to this subdivision, documentation signed by a licensed health care provider indicating the need for the amount of sick time taken shall be considered reasonable documentation and an employer shall not require that such documentation specify the nature of the employee’s or the employee’s family member’s injury, illness or condition, except as required by law.
1. An employee shall be entitled to use safe time for absence from work due to any of the following reasons when the employee or a family member has been the victim of a family offense matter, sexual offense, stalking, or human trafficking:
(a) to obtain services from a domestic violence shelter, rape crisis center, or other shelter or services program for relief from a family offense matter, sexual offense, stalking, or human trafficking;
(b) to participate in safety planning, temporarily or permanently relocate, or take other actions to increase the safety of the employee or employee’s family members from future family offense matters, sexual offenses, stalking, or human trafficking;
(c) to meet with a civil attorney or other social service provider to obtain information and advice on, and prepare for or participate in any criminal or civil proceeding, including but not limited to, matters related to a family offense matter, sexual offense, stalking, human trafficking, custody, visitation, matrimonial issues, orders of protection, immigration, housing, discrimination in employment, housing or consumer credit;
(d) to file a complaint or domestic incident report with law enforcement;
(e) to meet with a district attorney’s office;
(f) to enroll children in a new school; or
(g) to take other actions necessary to maintain, improve, or restore the physical, psychological, or economic health or safety of the employee or the employee’s family member or to protect those who associate or work with the employee.
2. For an absence of more than three consecutive work days for safe time, an employer may require reasonable documentation that the use of safe time was authorized by this subdivision. For safe time used pursuant to this subdivision, documentation signed by an employee, agent, or volunteer of a victim services organization, an attorney, a member of the clergy, or a medical or other professional service provider from whom the employee or that employee’s family member has sought assistance in addressing family offense matters, sex offenses, stalking, or human trafficking and their effects; a police or court record; or a notarized letter from the employee explaining the need for such time shall be considered reasonable documentation and an employer shall not require that such documentation specify the details of the family offense matter, sexual offense, stalking, or human trafficking.
§ 20-915 Changing schedule.
Upon mutual consent of the employee and the employer, an employee who is absent for a reason listed in subdivision a of section 20-914 of this chapter may work additional hours during the immediately preceding seven days if the absence was foreseeable or within the immediately subsequent seven days from that absence without using safe/sick time to make up for the original hours for which such employee was absent, provided that an adjunct professor who is an employee at an institute of higher education may work such additional hours at any time during the academic term. An employer shall not require such employee to work additional hours to make up for the original hours for which such employee was absent or to search for or find a replacement employee to cover the hours during which the employee is absent pursuant to this section. If such employee works additional hours, and such hours are fewer than the number of hours such employee was originally scheduled to work, then such employee shall be able to use safe/sick time provided pursuant to this chapter for the difference. Should the employee work additional hours, the employer shall comply with any applicable federal, state or local labor laws.
§ 20-916 Collective bargaining agreements.
§ 20-917 Public disasters.
In the event of a public disaster, the mayor may, for the length of such disaster, suspend the provisions of this chapter for businesses, corporations or other entities regulated by the public service commission.
§ 20-918 Retaliation and interference prohibited.
No employer shall engage in retaliation or threaten retaliation against an employee for exercising or attempting to exercise any right provided pursuant to this chapter, or interfere with any investigation, proceeding or hearing pursuant to this chapter. The protections of this chapter shall apply to any person who mistakenly but in good faith alleges a violation of this chapter. Rights under this chapter shall include, but not be limited to, the right to request and use sick time, file a complaint for alleged violations of this chapter with the department, communicate with any person about any violation of this chapter, participate in any administrative or judicial action regarding an alleged violation of this chapter, or inform any person of his or her potential rights under this chapter.
§ 20-919 Notice of rights.
2. Notices provided to employees pursuant to this section on and after the effective date of this paragraph shall in addition inform employees of their right to safe time under this chapter. Employers shall give employees who have already received notice of their right to sick time pursuant to this section notice of their right to safe time within thirty days of the effective date of this paragraph.
§ 20-920 Employer records.
Employers shall retain records documenting such employer’s compliance with the requirements of this chapter for a period of three years unless otherwise required pursuant to any other law, rule or regulation, and shall allow the department to access such records, with appropriate notice and at a mutually agreeable time of day, in furtherance of an investigation conducted pursuant to this chapter.
§ 20-921 Confidentiality and nondisclosure.
§ 20-922 Encouragement of more generous policies; no effect on more generous policies.
§ 20-923 Other legal requirements.
§ 20-924 Enforcement and penalties.
§ 20-925 Designation of agency. [Repealed.]
§ 20-926 Election of qualified transportation benefits in lieu of taxable dollar compensation for certain non-governmental employees.
Editor’s note: the legislation that enacted this § 20-926 provides, in part, as follows: “This local law shall take effect January 1, 2016, provided that (i) [the] head of such office or agency as the mayor shall designate pursuant to section 20-a of the New York city charter, as added by [L.L. 2015/104], shall, prior to the effective date of this local law, promulgate such rules, and take such other steps, as may be necessary to effectuate the provisions of this local law on its effective date and (ii) in the event qualified transportation benefits are no longer permitted to be excluded from an employee’s gross income for federal income tax purposes and from an employer’s wages for federal payroll tax purposes, this local law shall no longer be effective.” See L.L. 2014/053 § 3, 10/20/2014, as amended by L.L. 2015/104 § 7, 11/30/2015.
§ 20-927 Definitions.
For purposes of this chapter, the following terms have the following meanings:
Director. The term “director” means the director of the office of labor standards established pursuant to section 20-a of the charter.
Freelance worker. The term “freelance worker” means any natural person or any organization composed of no more than one natural person, whether or not incorporated or employing a trade name, that is hired or retained as an independent contractor by a hiring party to provide services in exchange for compensation. This term does not include:
1. Any person who, pursuant to the contract at issue, is a sales representative as defined in section 191-a of the labor law;
2. Any person engaged in the practice of law pursuant to the contract at issue and who is a member in good standing of the bar of the highest court of any state, possession, territory, commonwealth or the District of Columbia and who is not under any order of any court suspending, enjoining, restraining, disbarring or otherwise restricting such person in the practice of law; and
3. Any person who is a licensed medical professional.
Hiring party. The term “hiring party” means any person who retains a freelance worker to provide any service, other than (i) the United States government, (ii) the state of New York, including any office, department, agency, authority or other body of the state including the legislature and the judiciary, (iii) the city, including any office, department, agency or other body of the city, (iv) any other local government, municipality or county or (v) any foreign government.
Office. The term “office” means the office of labor standards established pursuant to section 20-a of the charter.
§ 20-928 Written contract required.
1. The name and mailing address of both the hiring party and the freelance worker;
2. An itemization of all services to be provided by the freelance worker, the value of the services to be provided pursuant to the contract and the rate and method of compensation; and
3. The date on which the hiring party must pay the contracted compensation or the mechanism by which such date will be determined.
§ 20-929 Unlawful payment practices.
1. On or before the date such compensation is due under the terms of the contract; or
2. If the contract does not specify when the hiring party must pay the contracted compensation or the mechanism by which such date will be determined, no later than 30 days after the completion of the freelance worker’s services under the contract.
§ 20-930 Retaliation.
No hiring party shall threaten, intimidate, discipline, harass, deny a work opportunity to or discriminate against a freelance worker, or take any other action that penalizes a freelance worker for, or is reasonably likely to deter a freelancer worker from, exercising or attempting to exercise any right guaranteed under this chapter, or from obtaining future work opportunity because the freelance worker has done so.
§ 20-931 Complaint procedure; jurisdiction of director.
1. The name and mailing address of the freelance worker and of the hiring party alleged to have violated this chapter;
2. A statement detailing the terms of the freelance contract, including a copy of such contract if available;
3. The freelance worker’s occupation;
4. A statement detailing the alleged violations of this chapter; and
5. A signed affirmation that all facts alleged in the complaint are true.
1. The director does not have jurisdiction over a complaint if:
(a) Either party to the contract has initiated a civil action in a court of competent jurisdiction alleging a violation of this chapter or a breach of contract arising out of the contract that is the subject of the complaint filed under subdivision a of this section, unless such civil action has been dismissed without prejudice to future claims; or
(b) Either party to the contract has filed a claim or complaint before any administrative agency under any local, state or federal law alleging a breach of contract that is the subject of the complaint filed under subdivision a of this section, unless the administrative claim or complaint has been withdrawn or dismissed without prejudice to future claims.
2. Where the director lacks jurisdiction over a complaint, the director shall notify the following, in writing, within 10 days of discovering the lack of jurisdiction:
(a) The freelance worker; and
(b) The hiring party, if the director discovered the lack of jurisdiction after sending a notice to the hiring party pursuant to subdivision d of this section.
1. Within 20 days of receiving the notice of complaint, the hiring party identified in the complaint shall send the director one of the following:
(a) A written statement that the freelance worker has been paid in full and proof of such payment; or
(b) A written statement that the freelance worker has not been paid in full and the reasons for the failure to provide such payment.
2. Within 20 days of receiving the written response, the director shall send the freelance worker a copy of:
(a) The response;
(b) Any enclosures submitted to the director with the response;
(c) Materials informing the freelance worker that he or she may bring an action in a court of competent jurisdiction;
(d) Any other information about the status of the complaint; and
(e) Information about the navigation program described in section 20-932.
3. If the director receives no response to the notice of complaint within the time provided by paragraph 1 of this subdivision, the director shall mail a notice of non-response to both the freelance worker and the hiring party by regular mail and shall include with such notice proof that the director previously mailed the notice of complaint to the hiring party by certified mail. Upon satisfying the requirements of this paragraph, the director may close the case.
§ 20-932 Navigation program.
1. General court information and information about procedures under this chapter;
2. Information about available templates and relevant court forms;
3. General information about classifying persons as employees or independent contractors;
4. Information about obtaining translation and interpretation services and other courtroom services;
5. A list of organizations that can be used for the identification of attorneys; and
6. Other information, as determined by the director, related to the submission of a complaint by a freelance worker or the commencement of a civil action pursuant to this chapter by a freelance worker.
§ 20-933 Civil action.
1. Except as otherwise provided by law, a freelance worker alleging a violation of this chapter may bring an action in any court of competent jurisdiction for damages as described in subdivision b of this section.
2. Any action alleging a violation of section 20-928 shall be brought within two years after the acts alleged to have violated this chapter occurred.
3. Any action alleging a violation of sections 20-929 or 20-930 shall be brought within six years after the acts alleged to have violated this chapter occurred.
4. Within 10 days after having commenced a civil action pursuant to subdivision a of this section, a plaintiff shall serve a copy of the complaint upon an authorized representative of the director. Failure to so serve a complaint does not adversely affect any plaintiff’s cause of action.
5. A plaintiff who solely alleges a violation of section 20-928 must prove that such plaintiff requested a written contract before the contracted work began.
1. A plaintiff who prevails on a claim alleging a violation of this chapter shall be awarded damages as described in this subdivision and an award of reasonable attorney’s fees and costs.
2. Violation of section 20-928.
(a) A plaintiff who prevails on a claim alleging a violation of section 20-928 shall be awarded statutory damages of $250.
(b) A plaintiff who prevails on a claim alleging a violation of section 20-928 and on one or more claims under other provisions of this chapter shall be awarded statutory damages equal to the value of the underlying contract for the violation of section 20-928 in addition to the remedies specified in this chapter for the other violations.
3. Violation of section 20-929. In addition to any other damages awarded pursuant to this chapter, a plaintiff who prevails on a claim alleging a violation of section 20-929 is entitled to an award for double damages, injunctive relief and other such remedies as may be appropriate.
4. Violation of section 20-930. In addition to any other damages awarded pursuant to this chapter, a plaintiff who prevails on a claim alleging a violation of section 20-930 is entitled to statutory damages equal to the value of the underlying contract for each violation arising under such section.
§ 20-934 Civil action for pattern or practice of violations.
1. Where reasonable cause exists to believe that a hiring party is engaged in a pattern or practice of violations of this chapter, the corporation counsel may commence a civil action on behalf of the city in a court of competent jurisdiction.
2. An action pursuant to paragraph 1 of this subdivision shall be commenced by filing a complaint setting forth facts relating to such pattern or practice and requesting relief, which may include injunctive relief, civil penalties and any other appropriate relief.
3. Nothing in this section prohibits:
(a) A person alleging a violation of this chapter from filing a civil action pursuant to section 20-933 based on the same facts as a civil action commenced by the corporation counsel pursuant to this section.
(b) The director from sending a notice of complaint pursuant to section 20-931, unless otherwise barred from doing so.
§ 20-935 Application; waiver; effect on other laws.
§ 20-936 Follow-up; data collection; reporting.
1. The identity of the hiring party alleged to have violated this chapter;
2. The freelance worker’s occupation;
3. The section of this chapter that was alleged to have been violated;
4. The value of the contract;
5. The response or non-response from the hiring party; and
6. Information from a completed survey identified in subdivision a of this section.
1. The number of complaints the director has received pursuant to this chapter;
2. The value of the contracts disaggregated into ranges of $500 and by section of this chapter alleged to have been violated;
3. The numbers of responses and non-responses received by the director disaggregated by contract value into ranges of $500 and by section of this chapter alleged to have been violated;
4. The proportion of surveys received from freelance workers that indicate that they pursued their claims in court and the proportion of surveys received from freelance workers that indicate that they pursued their claims through an alternative dispute resolution process and a summary of the outcomes of such cases; and
5. Legislative recommendations for this chapter, including consideration of whether certain occupations should be exempted from the scope of the definition of freelance worker in section 20-927.
§ 20-1301 Definitions.
For purposes of this chapter, the following terms have the following meanings:
Chain. The term “chain” means a set of establishments that share a common brand or that are characterized by standardized options for decor, marketing, packaging, products and services.
Director. The term “director” means the director of the office of labor standards established pursuant to section 20-a of the charter.
Employee. The term “employee” means any person covered by the definition of “employee” set forth in subdivision 5 of section 651 of the labor law or any person covered by the definition of “employee” set forth in 29 U.S.C. § 203(e), any person covered by the definition of an “employee” set forth in subsection (3) of 29 U.S.C. § 152, any person covered by the definition of “public employee” in subdivision 7 of section 201 of the civil service law, or any person covered by the definition of “employees” in subdivision 3 of section 701 of the labor law and who is employed within the city and who performs work on a full-time or part-time basis, including work performed in a transitional jobs program pursuant to section 336-f of the social services law, but not including work performed as a participant in a work experience program pursuant to section 336-c of the social services law. Notwithstanding any other provision of this section, the term “employee” does not include any person who is employed by (i) the United States government; (ii) the state of New York, including any office, department, independent agency, authority, institution, association, society or other body of the state including the legislature and the judiciary; or (iii) the city or any local government, municipality or county or any entity governed by section 92 of the general municipal law or section 207 of the county law.
Employer. The term “employer” means any person or entity covered by the definition of “employer” set forth in subdivision 6 of section 651 of the labor law or any person or entity covered by the definition of “employer” set forth in in 29 U.S.C. § 203(d), any person or entity covered by the definition of “employer” set forth in subsection (2) of 29 U.S.C. § 152, any person or entity covered by the definition of a “public employer” in subdivision 6 of section 201 of the civil service law, or any person or entity covered by the definition of “employer” in subdivision 2 of section 701 of the labor law. Notwithstanding any other provision of this section, the term does not include (i) the United States government; (ii) the state of New York, including any office, department, independent agency, authority, institution, association, society or other body of the state including the legislature and the judiciary; or (iii) the city or any local government, municipality or county or agency or other body thereof.
Fast food employee. The term “fast food employee” means any employee employed or permitted to work at or for a fast food establishment that is located within the city, by any employer, where such job duties include at least one of the following: customer service, cooking, food or drink preparation, delivery, security, stocking supplies or equipment, cleaning or routine maintenance.
Fast food employer. The term “fast food employer” means any employer that employs a fast food employee at a fast food establishment.
Fast food establishment. The term “fast food establishment” means any establishment (i) that has as its primary purpose serving food or drink items; (ii) where patrons order or select items and pay before eating and such items may be consumed on the premises, taken out or delivered to the customer’s location; (iii) that offers limited service; (iv) that is part of a chain; and (v) that is one of 30 or more establishments nationally, including (A) an integrated enterprise that owns or operates 30 or more such establishments in the aggregate nationally or (B) an establishment operated pursuant to a franchise where the franchisor and the franchisees of such franchisor own or operate 30 or more such establishments in the aggregate nationally. The term “fast food establishment” includes such establishments located within non-fast food establishments.
Franchise. The term “franchise” has the same definition as set forth in section 681 of the general business law.
Franchisee. The term “franchisee” means a person or entity to whom a franchise is granted.
Franchisor. The term “franchisor” means a person or entity who grants a franchise to another person or entity.
Integrated enterprise. The term “integrated enterprise” means two or more entities sufficiently integrated so as to be considered a single employer as determined by application of the following factors: (i) degree of interrelation between the operations of multiple entities; (ii) degree to which the entities share common management; (iii) centralized control of labor relations; and (iv) degree of common ownership or financial control.
Not-for-profit. The term “not-for-profit” means an entity that is organized under the not-for-profit corporation law or the law governing incorporation of not-for-profit organizations in the jurisdiction of its incorporation.
Office. The term “office” means the office of labor standards established pursuant to section 20-a of the charter.
§ 20-1302 Requirement to deduct and remit voluntary contributions to not-for-profits.
1. The fast food employee’s signature;
2. The fast food employee’s name and physical address;
3. The amount, frequency and start date of the contribution;
4. The name, physical address, email address, web address, if any, and phone number of the not-for-profit and a contact for an employee who seeks to revoke authorization and
5. A statement notifying the fast food employee that contributions are voluntary and that the authorization to deduct is revocable at any time by submitting a written revocation to the not-for-profit.
1. Of less than $6 per paycheck if the fast food employee is paid every two weeks, or less than $3 per paycheck if the fast food employee is paid every week; or
2. More than once per pay period.
§ 20-1303 Registration by not-for-profits required.
1. The name, physical address, email address, web address, if any, and phone number of the not-for-profit and a contact;
2. Proof of status as a not-for-profit that has not been suspended or dissolved pursuant to the laws of the state of its incorporation;
3. Facially valid written authorizations in the form described in subdivision a of section 20-1302 from at least 500 fast food employees, though such authorizations need not be from employees employed by the same fast food employer;
4. Proof that the not-for-profit has provided the information required by section 20-1304 to the fast food employee; and
5. The not-for-profit organization’s form 990 of the Internal Revenue Service of the United States Department of the Treasury or other equivalent tax filing for the three most recent tax years for which such form was filed.
§ 20-1304 Not-for-profit required disclosure.
1. Name, contact, physical address, email address, web address, if any, and phone number;
2. Information about the not-for-profit’s governance, which shall include any officers and directors and may include members or shareholders as the director shall require;
3. Information about the not-for-profit’s mission, programs and areas of focus;
4. When prescribed by the director, a list of the not-for-profit’s employees;
5. Information about the not-for-profit’s finances, including its sources of funding, budget and expenditures; and
6. A statement that labor organizations as defined by the national labor relations act, employee organizations as defined by subdivision 5 of section 201 of the civil service law, and labor organizations as defined in subdivision 5 of section 701 of the labor law are not permitted to seek remittances under this chapter pursuant to subdivision b of section 20-1310.
§ 20-1305 Recordkeeping.
1. Deduction authorizations and revocations made pursuant to this chapter;
2. Remittances pursuant to this chapter;
3. Deductions pursuant to this chapter;
4. A copy of the authorization required by subdivision d of section 20-1302;
5. Proof of distribution of the notice to fast food employees required by subdivision h of section 20-1302;
§ 20-1306 Retaliation prohibited.
No person shall take any adverse action against a fast food employee that penalizes such employee for, or is reasonably likely to deter such employee from, exercising or attempting to exercise any right protected under this chapter. Taking an adverse action includes threatening, intimidating, disciplining, discharging, demoting, suspending or harassing a fast food employee, reducing the hours or pay of a fast food employee, informing another employer that a fast food employee has engaged in activities protected by this chapter, and discriminating against the fast food employee, including actions related to perceived immigration status or work authorization. A fast food employee need not explicitly refer to this chapter or the rights enumerated herein to be protected from retaliation.
§ 20-1307 Enforcement.
1. Except as provided in subdivision c of this section, an aggrieved fast food employee or duly authorized representative thereof or an aggrieved not-for-profit may file a complaint with the office regarding violations of this chapter by a fast food employer. Except for an allegation of retaliation in violation of section 20-1306, the office shall only investigate such a complaint if the relevant not-for-profit demonstrates that it has complied with sections 20-1303 and 20-1304 by providing a copy of the registration letter.
2. Except as otherwise provided in subdivision c of this section, if a fast food employer is found to have violated this chapter, including by retaliation, the office may award any of the following, in addition to any other remedy provided in the charter or other law:
(a) Deductions and remittances as authorized by the fast food employee and the payment of interest to the not-for-profit from the date of the failure to deduct or remit based on the interest rate then in effect as prescribed by the superintendent of banks pursuant to section 14-a of the banking law, but in any event at a rate of no less than six percent per year; and
(b) Payment of a further sum as a civil penalty in an amount not exceeding $500 for each violation of this chapter. However, in cases where a final disposition has been entered against a fast food employer twice within any consecutive three-year period determining that such fast food employer has willfully failed to deduct or remit funds in accordance with this chapter, or has retaliated against a fast food employee in violation of section 20-1306, the office may impose a civil penalty in an amount not exceeding $1,000 for each violation of this chapter.
(c) Reinstatement, back pay and other appropriate relief for any fast food employee found to have been subject to retaliation in violation of section 20-1306.
3. In assessing an appropriate remedy, due consideration shall be given to the gravity of the violation, the history of previous violations, and the good faith of the fast food employer. No procedure or remedy set forth in this section is exclusive of or a prerequisite for asserting a claim for relief to enforce any rights under this chapter in a court of competent jurisdiction.
§ 20-1308 Civil action.
1. An employee need not file a complaint with the office before bringing a civil action; however, no person shall file a civil action after filing a complaint with the office unless such complaint has been withdrawn or dismissed without prejudice to further action.
2. No person shall file a complaint with the office after filing a civil action unless such action has been withdrawn or dismissed without prejudice to further action.
§ 20-1309 Limitations period.
The office shall not investigate violations of this chapter committed more than two years before the filing of a complaint or the commencement of such investigation, whichever is earlier. Each failure to comply with this chapter constitutes a separate violation; a pattern of such violations is a continuing violation for purposes of assessing the limitations period.
§ 20-1310 Application; exclusion of labor organizations.
1. A “labor organization” as defined in subdivision 5 of section 701 of the labor law;
2. An “employee organization” as defined in subdivision 5 of section 201 of the civil service law; or
3. A “labor organization” within the meaning of subsection (5) of 29 U.S.C. § 152, which defines a labor organization as “any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work,” as such definition is interpreted by the national labor relations board.
Subchapter 1: General Provisions
§ 20-1201 Definitions.
As used in this chapter, except as otherwise specifically provided, the following terms have the following meanings:
Chain. The term “chain” means a set of establishments that share a common brand or that are characterized by standardized options for decor, marketing, packaging, products and services.
Director. The term “director” means the director of the office of labor standards established pursuant to section 20-a of the charter.
Employee. The term “employee” means any person covered by the definition of “employee” set forth in subdivision 5 of section 651 of the labor law or by the definition of “employee” set forth in 29 U.S.C. § 203(e) and who is employed within the city and who performs work on a full-time or part-time basis, including work performed in a transitional jobs program pursuant to section 336-f of the social services law, but not including work performed as a participant in a work experience program pursuant to section 336-c of the social services law. Notwithstanding any other provision of this section, the term “employee” does not include any person who is employed by (i) the United States government; (ii) the state of New York, including any office, department, independent agency, authority, institution, association, society or other body of the state, including the legislature and the judiciary; or (iii) the city or any local government, municipality or county or any entity governed by section 92 of the general municipal law or section 207 of the county law.
Employer. The term “employer” means any person or entity covered by the definition of “employer” set forth in subdivision 6 of section 651 of the labor law or any person or entity covered by the definition of “employer” set forth in in 29 U.S.C. § 203(d). Notwithstanding any other provision of this section, the term “employer” does not include (i) the United States government; (ii) the state of New York, including any office, department, independent agency, authority, institution, association, society or other body of the state including the legislature and the judiciary; or (iii) the city or any local government, municipality or county or any entity governed by section 92 of the general municipal law or section 207 of the county law.
Fast food employee. The term “fast food employee” means any person employed or permitted to work at or for a fast food establishment by any employer that is located within the city where such person’s job duties include at least one of the following: customer service, cooking, food or drink preparation, delivery, security, stocking supplies or equipment, cleaning or routine maintenance. The term “fast food employee” does not include any employee who is salaried.
Fast food employer. The term “fast food employer” means any employer that employs a fast food employee at a fast food establishment.
Fast food establishment. The term “fast food establishment” means any establishment (i) that has as its primary purpose serving food or drink items; (ii) where patrons order or select items and pay before eating and such items may be consumed on the premises, taken out or delivered to the customer’s location; (iii) that offers limited service; (iv) that is part of a chain; and (v) that is one of 30 or more establishments nationally, including (A) an integrated enterprise that owns or operates 30 or more such establishments in the aggregate nationally or (B) an establishment operated pursuant to a franchise where the franchisor and the franchisees of such franchisor own or operate 30 or more such establishments in the aggregate nationally. The term “fast food establishment” includes such establishments located within non-fast food establishments.
Franchise. The term “franchise” has the same definition as set forth in section 681 of the general business law.
Franchisee. The term “franchisee” means a person or entity to whom a franchise is granted.
Franchisor. The term “franchisor” means a person or entity who grants a franchise to another person or entity.
Integrated enterprise. The term “integrated enterprise” means two or more entities sufficiently integrated so as to be considered a single employer as determined by application of the following factors: (i) degree of interrelation between the operations of multiple entities; (ii) degree to which the entities share common management; (iii) centralized control of labor relations; and (iv) degree of common ownership or financial control.
Office. The term “office” means the office of labor standards established pursuant to section 20-a of the charter.
On-call shift. The term “on-call shift” means any time period other than an employee’s regular shift when the employer requires the employee to be available to work, regardless of whether the employee actually works and regardless of whether the employer requires the employee to report to a work location.
Regular shift. The term “regular shift” means a span of consecutive hours starting when an employer requires an employee to report to a work location and ending when such employee is free to leave a work location. Breaks totaling two hours or less are not an interruption of consecutive hours, provided that such breaks do not include time when the employee’s work location is closed. “Regular shift” does not include the hours worked by an employee who is called into work while on an on-call shift.
Retail employer. The term “retail employer” means any employer that employs a retail employee at a retail business. The term “retail business” means any entity with 20 or more employees that is engaged primarily in the sale of consumer goods at one or more stores within the city. For the purposes of this definition, “consumer goods” means products that are primarily for personal, household, or family purposes, including but not limited to appliances, clothing, electronics, groceries, and household items. In determining the number of employees performing work for a retail business for compensation, all employees performing work for compensation on a full-time, part-time or temporary basis shall be counted, provided that where the number of employees who work for an employer for compensation fluctuates, business size may be determined for the current calendar year based upon the average number of employees who worked for compensation per week during the preceding calendar year, and provided further that in determining the number of employees performing work for an employer that is a chain business, the total number of employees in that group of establishments shall be counted.
Retail employee. The term “retail employee” means any employee who is employed by a retail employer.
Schedule change premium. The term “schedule change premium” means money that an employer pays to an employee as compensation for changes the employer makes to the employee’s work schedule, including: canceling, shortening or moving to another date and time shifts, including on-call shifts; adding additional hours to shifts already scheduled; adding previously unscheduled shifts to the work schedule; and not requiring employees to report to work during on-call shifts. Such payment is not wages earned for work performed by that employee but rather is in addition to wages.
Work schedule. The term “work schedule” means the regular shifts and on-call shifts that an employer assigns to an employee and includes the dates, times and locations where an employer requires an employee to work.
§ 20-1202 Outreach and education.
The director shall conduct outreach and education about the provisions of this chapter. Such outreach and education shall be provided to employers, employees and members of the public who are likely to be affected by this law.
§ 20-1203 Reporting.
The director shall report annually on the city’s website, without revealing identifying information about any non-public matter or complaint, on the effectiveness of its enforcement activities under this chapter. The report shall include the following information:
1. The number and nature of complaints received;
2. The results of investigations undertaken, including the number of complaints not substantiated and the number of notices of violations issued;
3. The number and nature of administrative adjudications;
4. The number of complaints resolved through mediation or conciliation, if any; and
5. The average time for a complaint to be resolved.
§ 20-1204 Retaliation.
§ 20-1205 Notice and posting of rights.
§ 20-1206 Recordkeeping
§ 20-1207 Administrative enforcement; jurisdiction and complaint procedures.
1. Any person, including any organization, alleging a violation of this chapter may file a complaint with the office within two years of the date the person knew or should have known of the alleged violation.
2. Upon receiving such a complaint, the office shall investigate it.
3. The office may open an investigation on its own initiative.
4. A person or entity under investigation shall, in accordance with applicable law, provide the office with information or evidence that the office requests pursuant to the investigation. If, as a result of an investigation of a complaint or an investigation conducted upon its own initiative, the office believes that a violation of this chapter has occurred, the office may attempt to resolve it through any action authorized by section 20-a of the charter. Adjudicatory powers pursuant to this subchapter may be exercised by the director or by the office of administrative trials and hearings pursuant to section 20-a of the charter.
5. The office shall keep the identity of any complainant confidential unless disclosure is necessary to resolve the investigation or is otherwise required by law. The office shall, to the extent practicable, notify such complainant that the office will be disclosing the complainant’s identity before such disclosure.
§ 20-1208 Specific administrative remedies for employees or former employees.
1. All compensatory damages and other relief required to make the employee or former employee whole;
2. An order directing compliance with the notice and posting of rights and recordkeeping requirements set forth in sections 20-1205 and 20-1206; and
3. For each violation of:
(a) Section 20-1204,
(1) Rescission of any discipline issued, reinstatement of any employee terminated and payment of back pay for any loss of pay or benefits resulting from discipline or other action taken in violation of section 20-1204;
(2) $500 for each violation not involving termination; and
(3) $2,500 for each violation involving termination;
(b) Section 20-1221, $200 and an order directing compliance with section 20-1221;
(c) Section 20-1222, payment of schedule change premiums withheld in violation of section 20-1222 and $300;
(d) Section 20-1231, payment as required under section 20-1231, $500 and an order directing compliance with section 20-1231;
(e) Section 20-1241, $300 and an order directing compliance with section 20-1241;
(f) Subdivision a of section 20-1251, the greater of $500 or such employee’s actual damages;
(g) Subdivisions a and b of section 20-1252, $300; and
(h) Subdivision a or b of section 20-1262, $500 and an order directing compliance with such subdivision, provided, however, that an employer who fails to provide an employee with the written response required by subdivision a of section 20-1262 may cure the violation without a penalty being imposed by presenting proof to the satisfaction of the office that it provided the employee with the required written response within seven days of the office notifying the employer of the opportunity to cure.
§ 20-1209 Specific civil penalties payable to the city.
§ 20-1210 Enforcement by the corporation counsel.
The corporation counsel or such other persons designated by the corporation counsel on behalf of the office may initiate in any court of competent jurisdiction any action or proceeding that may be appropriate or necessary for correction of any violation issued pursuant to sections 20-1207 through 20-1209, including actions to secure permanent injunctions, enjoining any acts or practices that constitute such violation, mandating compliance with the provisions of this chapter or such other relief as may be appropriate.
§ 20-1211 Private cause of action.
1. Section 20-1204;
2. Section 20-1221;
3. Subdivisions a and b of section 20-1222;
4. Section 20-1231;
5. Subdivisions a, b, d, f and g of section 20-1241;
6. Section 20-1251; and
7. Subdivisions a and b of section 20-1252.
1. Payment of schedule change premiums withheld in violation of section 20-1222;
2. An order directing compliance with the recordkeeping, information, posting and consent requirements set forth in sections 20-1205, 20-1206 and 20-1221;
3. Rescission of any discipline issued in violation of section 20-1204;
4. Reinstatement of any employee terminated in violation of section 20-1204;
5. Payment of back pay for any loss of pay or benefits resulting from discipline or other action taken in violation of section 20-1204;
6. Other compensatory damages and any other relief required to make the employee whole; and
7. Reasonable attorney’s fees.
1. Any person filing a civil action shall simultaneously serve notice of such action and a copy of the complaint upon the office. Failure to so serve a notice does not adversely affect any plaintiff’s cause of action.
2. An employee need not file a complaint with the office pursuant to subdivision b of section 20-1207 before bringing a civil action; however, no person shall file a civil action after filing a complaint with the office unless such complaint has been withdrawn or dismissed without prejudice to further action.
3. No person shall file a complaint with the office after filing a civil action unless such action has been withdrawn or dismissed without prejudice to further action.
4. The commencement or pendency of a civil action by an employee does not preclude the office from investigating the employer or commencing, prosecuting or settling a case against the employer based on some or all of the same violations.
§ 20-1212 Civil action by corporation counsel for pattern or practice of violations.
1. Where reasonable cause exists to believe that an employer is engaged in a pattern or practice of violations of this chapter, the corporation counsel may commence a civil action on behalf of the city in a court of competent jurisdiction.
2. The corporation counsel shall commence such action by filing a complaint setting forth facts relating to such pattern or practice and requesting relief, which may include injunctive relief, civil penalties and any other appropriate relief.
3. Such action may be commenced only by the corporation counsel or such other persons designated by the corporation counsel.
4. Nothing in this section prohibits (i) the office from exercising its authority under section 20-1207 through 20-1209, or (ii) a person alleging a violation of this chapter from filing a complaint pursuant to section 20-1207 or a civil action pursuant to section 20-1211 based on the same facts pertaining to such a pattern or practice, provided that a civil action pursuant to this section shall not have previously been commenced.
Subchapter 2: Advance Scheduling and Schedule Change Premiums
§ 20-1221 Advance scheduling.
1. Provide fast food employees with written notice of the work schedule as required by subdivision b of this section by (i) posting the schedule in a conspicuous place at the workplace that is readily accessible and visible to all employees and (ii) transmitting the work schedule to each fast food employee, including by electronic means, if such means are regularly used to communicate scheduling information. The office may by rule establish requirements or exceptions necessary to ensure the privacy and safety of employees in connection with such posting and transmittal;
2. Update such schedule within 24 hours of the employer’s knowledge of a change or as soon as practicable if the change is effective within 24 hours, provide the revised written schedule to the affected employees and re-post the schedule in accordance with paragraph one of this subdivision; and
3. Upon request by any fast food employee, and in accordance with the rules of the office, provide such employee with (i) such employee’s work schedule in writing for any previous week worked for the past three years and (ii) the most current version of work schedules of all fast food employees who work at the same fast food establishment as the requesting employee, whether or not changes to the work schedule have been posted.
§ 20-1222 Schedule change premium.
1. With less than 14 days’ notice but at least 7 days’ notice to the employee, $10 for each change to the work schedule in which:
(a) Additional hours or shifts are added pursuant to subdivision d of section 20-1221; or
(b) The date or start or end time of a regular shift or on-call shift is changed with no loss of hours;
2. With less than 14 days’ notice but at least 7 days’ notice to the employee, $20 for each change to the work schedule in which:
(a) Hours are subtracted from a regular or on-call shift; or
(b) A regular or on-call shift is cancelled;
3. With less than 7 days’ notice to the employee, $15 for each change to the work schedule in which:
(a) Additional hours or shifts are added pursuant to subdivision d of section 20-1221; or
(b) The date or start or end time of a regular or on-call shift is changed with no loss of hours;
4. With less than 7 days’ but at least 24 hours’ notice to the employee, $45 for each change to the work schedule in which:
(a) Hours are subtracted from a regular or on-call shift; or
(b) A regular or on-call shift is cancelled; and
5. With less than 24 hours’ notice to the employee, $75 for each change to the work schedule in which:
(a) Hours are subtracted from a regular or on-call shift; or
(b) A regular or on-call shift is cancelled.
1. The employer’s operations cannot begin or continue due to:
(a) Threats to the employees or the employer’s property;
(b) The failure of a public utility or the shutdown of public transportation;
(c) A fire, flood or other natural disaster;
(d) A state of emergency declared by the president of the United States, governor of the state of New York, or mayor of the city; or
(e) Severe weather conditions that pose a threat to employee safety, although where a fast food employer adds shifts to an employee’s schedule to cover for or replace another employee who cannot safely travel to work, such employer shall provide the replacing or covering employee with the amounts set forth in subdivision a of this section;
2. The employee requested in writing a change in schedule;
3. Two employees voluntarily traded shifts with one another, subject to any existing employer policy regarding required conditions for employees to exchange shifts; or
4. The employer is required to pay the employee overtime pay for a changed shift.
Subchapter 3: Minimum Time Between Shifts
§ 20-1231 Minimum time between shifts.
Unless the fast food employee requests or consents to work such hours in writing, no fast food employer shall require any fast food employee to work two shifts with fewer than 11 hours between the end of the first shift and the beginning of the second shift when the first shift ends the previous calendar day or spans two calendar days. The fast food employer shall pay the fast food employee $100 for each instance that the employee works such shifts.
Subchapter 4: Access to Hours
§ 20-1241 Offering additional shifts to current fast food employees.
2. If in accordance with subdivision b a fast food employer provides notice of additional shifts to all of its fast food employees employed at all locations owned by the fast food employer or at a subset of such fast food establishments as provided in rules promulgated pursuant to subdivision j, and receives written confirmation from all such fast food employees before the expiration of the period for their acceptance pursuant to subdivision f that they do not accept the shifts offered, or if some such fast food employees have accepted some but not all of the offered shifts and the fast food employer receives written confirmation from all other fast food employees employed at all locations owned by that fast food employer or at a subset of such fast food establishments as provided in rules promulgated pursuant to subdivision j before the expiration of the period for their acceptance pursuant to subdivision f that they do not accept the shifts offered, the fast food employer may immediately proceed with hiring or contracting for new fast food employees to perform the work described in, and in accordance with the criteria set forth in, the notice posted pursuant to subdivision b.
1. At a rate not less than one and one-half times the fast food employee’s regular rate of pay under 29 U.S.C. § 207(a); or
2. At a rate governed by the overtime requirements of the labor law or the overtime requirements of any minimum wage order promulgated by the New York commissioner of labor pursuant to labor law article 19 or 19-A.
Subchapter 5: On-Call Scheduling
§ 20-1251 On-call scheduling prohibited.
1. Schedule a retail employee for any on-call shift;
2. Cancel any regular shift for a retail employee within 72 hours of the scheduled start of such shift;
3. Require a retail employee to work with fewer than 72 hours’ notice, unless the employee consents in writing; or
4. Require a retail employee to contact a retail employer to confirm whether or not the employee should report for a regular shift fewer than 72 hours before the start of such shift.
1. Grant a retail employee time off pursuant to an employee’s request;
2. Allow a retail employee to trade shifts with another retail employee; and
3. Make changes to retail employees’ work schedules with less than 72 hours’ notice if the employer’s operations cannot begin or continue due to:
(a) Threats to the retail employees or the retail employer’s property;
(b) The failure of public utilities or the shutdown of public transportation;
(c) A fire, flood or other natural disaster; or
(d) A state of emergency declared by the president of the United States, governor of the state of New York or mayor of the city.
§ 20-1252 Work schedules.
§ 20-1253 Collective bargaining agreements.
The provisions of this subchapter do not apply to any retail employee covered by a valid collective bargaining agreement, including an agreement that is open for negotiation, if (i) such provisions are expressly waived in such collective bargaining agreement and (ii) the agreement addresses employee scheduling.
Subchapter 6: Temporary Changes to Work Schedules for Personal Events and Protections from Retaliation for Making Schedule Change Requests
§ 20-1261 Definitions.
Business day. The term “business day” means any 24-hour period when an employer requires employees to work at any time.
Caregiver. The term “caregiver” means a person who provides direct and ongoing care for a minor child or a care recipient.
Care recipient. The term “care recipient” means a person with a disability who (i) is a family member or a person who resides in the caregiver’s household and (ii) relies on the caregiver for medical care or to meet the needs of daily living.
Minor child. The term “minor child” means a child under the age of 18.
Personal event. The term “personal event” means (i) the need for a caregiver to provide care to a minor child or care recipient; (ii) an employee’s need to attend a legal proceeding or hearing for subsistence benefits to which the employee, a family member or the employee’s care recipient is a party; or (iii) any circumstance that would constitute a basis for permissible use of safe time or sick time as set forth in section 20-914.
§ 20-1262 Required temporary changes and other requests for changes to a work schedule.
1. On request, the employer must grant a request for a temporary change to the employee’s work schedule under this section two times in a calendar year for up to one business day per request. The employer may permit the employee to use two business days for one request, in which case the employer need not grant a second request.
2. An employee who requests such a change:
(a) Shall notify such employee’s employer or direct supervisor as soon as the employee becomes aware of the need for a temporary change to the work schedule and shall inform the employer or supervisor that the change is due to a personal event;
(b) Shall make a proposal for the temporary change to the work schedule, unless the employee seeks leave without pay; and
(c) Need not put the initial request in writing, but as soon as is practicable, and no later than the second business day after the employee returns to work following the conclusion of the temporary change to the work schedule, the employee must submit the request in writing, indicating the date for which the change was requested and that it was due to the employee’s personal event. The employer may require that such request be submitted in electronic form if employees of the employer commonly use such electronic form to request and manage leave and schedule changes. If the employee fails to submit the written request, the employer’s obligation to respond in writing pursuant to paragraph 3 of this subdivision is waived.
3. An employer who receives such an initial request shall respond immediately, but need not put such initial response in writing. As soon as is practicable, and no later than 14 days after the employee submits the request in writing, the employer shall provide a written response, which may be in electronic form if such form is easily accessible to the employee. An employer’s written response shall include:
(a) Whether the employer will agree to the temporary change to the work schedule in the manner requested by the employee, or will provide the temporary change to the work schedule as leave without pay, which does not constitute a denial;
(b) If the employer denies the request for a temporary change to the work schedule, an explanation for the denial; and
(c) How many requests and how many business days pursuant to this subchapter the employee has left in the calendar year after taking into account the employer’s decision contained in the written response.
4. An employer may deny a request for a temporary change to the employee’s work schedule relating to a personal event only if the employee has already exhausted the two allotted requests in the calendar year pursuant to paragraph 1 of subdivision a of this section or if an exemption set forth in section 20-1263 applies.
2. Unpaid leave granted for a personal event pursuant to this subchapter does not count toward an employer’s obligation to grant leave under chapter 8 of this title.
3. Leave granted under chapter 8 of this title does not count toward an employer’s obligation to grant leave under this section.
4. Nothing in this subchapter affects an employer’s obligation to provide a reasonable accommodation in the form of a change to a work schedule required pursuant to other laws or regulations or to otherwise comply with the requirements of other laws or regulations, including, but not limited to, those requirements contained in title 8.
§ 20-1263 Exemptions.
This subchapter does not:
1. Is covered by a valid collective bargaining agreement if such agreement waives the provisions of this subchapter and addresses temporary changes to work schedules;
2. Has been employed by the employer for fewer than 120 days;
3. Is employed by any employer whose primary business for which that employee works is the development, creation or distribution of theatrical motion pictures, televised motion pictures, television programs or live entertainment presentations, except for an employee whose primary duty is the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers and except for an employee whose primary duty is performing routine mental, manual, mechanical or physical work in connection with the care or maintenance of an existing building or location used by the employer; or
4. Works fewer than 80 hours in the city in a calendar year.